United States Statutes at Large

BY AUTHORITY OF CONGRESS)

THE

Statutes at Cargc, ttteatk**

ani>

PROCLAMATIONS,

UNITED STATES OF AMERICA.

FEOM

DECEMBER 1868, TO DECEMBER 1866.

QLttatytb in (KljronoUrgkal (jDrtor anir rarifoUg rollateJr mttt) flje

WITH

BEFEBENCES TO THE MATTER OF EACH ACT AND TO THE SUBSEQUENT

ACTS ON THE SAME SUBJECT*

~ . BDITBD BT

GEORGE I>. SANGER.

COTOTBBWOB AT I*AW.

The rights *nd Interest of the United States In the stereotype plates from wbieh this work is printed, axe beiebj reooff*
^n^n^f^^* d&Med by tius publishers* ajeeorauig to the gcovtfons «f the joint raoiutSon of Congress,

boston:

LITTLE, BROWN AND COMPANY.

1866.

ADVERTISEMENT

In publishing the following Laws, the -same plan has been adopted that was pre-
scribed in the Joint Resolution of Congress of March 3, 1845, authorizing a subscrip-
tion to the edition of all the Laws of the United States published by us* A close
examination of this volume will disclose some apparent errors in the Laws as here
printed ; but as we procure a -careful collation with the records at Washington by
an experienced reader of the Department of State, and scrupulously follow the orig-
inal, any seeming errors must be attributed to the Bolls, and not to us. Where
anything absolutely necessary to the sense is omitted in the Rolls, it is inserted in
the text, enclosed in brackets.

We intend to publish annually, and as soon after the close of each Session of
Congress as is possible, the Acts of that Session, in a similar form and with a simi-
lar arrangement.

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1846, and Joint Resolution of September 26, 1850, that our edition has been sanc-
tioned by Congress, and is the Official Edition*

"And whereas said edition of the said Laws and Treaties op the United
States has been carefully collated and compared vdth tine original Rolls in ike
Archives of the Government, under the inspection and supervision of the Attorney-
General of ike United States, as duly certified by that officer: therefore, Be it fur-
ther enacted, that said edition of the Laws and Treaties of the United States,
published by Little & Brown, is hereby declared to be competent evidence of
the several Public and Private Acts of Congress, and of the several Treaties therein
contained, in all the Courts of Law and Equity and Maritime Jurisdiction, and in
all the Tribunals and Public Offices of the United States and of 'the several States,
without any further proof or authentication thereof. Approved, August 8, 1846."

"Resolved by the Senate and Souse of Representatives of the United States of Amer-
ica in Congress assembled, That the Secretary of State be authorized and directed
to contract with Little & Brown to furnish their annual Statutes at Large, printed
in conformity with the plan adopted by Congress in eighteen hundred and forty-five,
instead of the edition usually Issued by his order, under the act of Congress of
April twentieth, eighteen hundred and eighteen, and which conforms to an edition
of the laws now out of use. — Approved, September 26, 1850*"

LITTLE, BROWN AND COMPANY.

r Boston, January, 1866.

- — - — —

Entered according to Act of Congress, in (he year 1SS6, by '
Little, Brown ahd Compact,
In the Clerk's Office of the District Court of die District of Massachusetts.

LIST

07 THE

PUBLIC ACTS AND RESOLUTIONS

OF CONGRESS

AND OP THE "PROCLAMATIONS,

CONTAINED IN THIS VOLUME,

3Ut6 of % 5LJ)trt2-eigtjtt) Congress of % Wxxitb States.

STATUTE L — 1863-4

Page

Chicago way end Piers in Lake Michigan. An act declaring the assent of Congress to an act of
the Legislature of the State of Illinois therein named. January 16, 1864, ch. 1 1

Second Assistant Secretary of War. An act to authorize the President to appoint a Second As*

sistant Secretary of War. January 19, 1864, ch. 2. , 1

Deficiency Appropriation. An act to provide for the deficiency in the appropriation for the pay
of officers and men actually employed in the Western Department, or department of
Missouri. January 22, 1864, ch. 8 1

Mail Matter. An act to amend the law prescribing the articles to be admitted into the mails

of the United States. January 22, 1864, ch. 4. . 2

Ctrcuit and District Courts in West Tennessee. An act to change the place of holding the cir-
cuit and district courts of the United States for the district of West Tennessee, and
for other purposes. January 26, 1864, ch. 5* «.....««.. 2

Insane in the District of Columbia. An act relating to the admission of patients to the Hospital

for the Insane in the District of Columbia. January 28, 1864, ch. 6 8

Pensions Appropriation. An act making appropriations for the payment of invalid and other
pensions of the United States, for the year ending the thirtieth of June, eighteen hundred
and sixty-five. January 29, 1864, ch. 7 8

Federal Courts in Indiana. An act authorizing the .holding of a special session of the United

States district court of Indiana. February 12, 1864, ch. 8 8

Stable at the Presidents. An act making an appropriation for rebuilding the stable at the Presi-
dent's. February 18,1864; ch. 9. ' 8

Federal Courts in California and Oregon. An act amendatory of and supplementary to "An act
to provide circuit courts for the districts of California and Oregon, and for other
^urDOse^/^a^proved March third, eighteen hundred and sixty-three. February 19; ^

National Forces. An act to amend an act entitled "An act for enrolling and calling out the
national forces, and for other purposes/' approved March third, eighteen hundred and
sixty-three. February 24, 1864, ch. 18. » 6

Lieutenant' General. An act reviving the grade of Lieutenant-General in the United States

army. February 29, 1864, ch. 14. > . . . ♦ 11

Withdrawal of Goods from Public Stores. An act to extend the time for the withdrawal of goods
from public stores and bonded warehouses, and for other purposes. February 20,

i884,ctui6 :...v7T 12

Warden of JaU in District of Columbia. An act to authorize the appointment of a warden of the

jail in the District of Columbia. February 29, 1864, ch. 16 )2

FWForty toon. An act supplementary to an act entitled "An act to provide ways and means
for the support of the Government," approved March third, eighteen hundred and sixty-
three. March 8, 1864, ch, 17 7. I. 18

Overland Emigration. An act to provide for the protection of overland emigration to the states

and territories of the Pacific. March 8, 1864, ch. 18 * . ♦ 14

t

fv LIST OP THE PUBLIC ACTS .OF CONGRESS.

Page

Internal Revenue* An act to Increase the* Internal revenue, and ibr other purposes. March 7,

1864, eh. 20. , ; ; 14

^^^Sch^l^^^,^? 1 ** ^ nac * to nioor P orate the Washington City Savings Bank.

Gtoartfton* and Committees of Lunatics. An act to enable guardians and committees of lunatics,
appointed in the several states, to act within the District of Columbia. March 8, 1864,
ch. 22. 13

Expenses of Levy Court. An act to apportion the expenses of the levy court of the comfy of

Washington, upon the basis of population, March 8, 1864, ch. 28. 19

Steam-tugs B. F* Davidson and W. K. Muvr. An act to authorize the enrolment and license of
the steam-tugs^. Davidson and W. K. Muir. March 8, 1864, ch. 24 19

Ambulance System. An act to establish a uniform system of ambulances in the armies of the

United States. March 11, 1864, ch. 27 20

Parhersburg made a Port of Delivery. An act to constitute Parkersburg, in the State of West

Virginia, a port of delivery. March 11, 1864, ch. 28 22

Deficiency Appropriation. An act to supply deficiencies in the appropriations for the service of
the fiscal year ending the thirtieth of June, eighteen hundred and sixty-four, and for
other purposes. March 14, 1864, ch. 80. 22

University Lands in Washington Territory. An act in relation to university lands in Washington

Territory. March 14, 1864, ch. 81 28

Spirituous Liquors not to be sold, to Indians. An act to amend an act entitled "£n act to
regulate trade and intercourse with the Indian tribes, and to preserve peace on the fron-
tiers," approved June thirtieth, eighteen hundred and thirty-four. March 15, 1864,
ch. 88 ^ 29

PostrOffice Appropriation. An act making appropriations for the service of the Post-Office De-
partment, daring the fiscal year ending the thirtieth of June, eighteen hundred and sixty-
five. March 16, 1864, ch. 84 ~ 29

Franking Privilege of the President and Vice-President. An act in addition to an act to amend the
laws relating to the Post-Office Department, approved March 8, eighteen hundred and
sixty-three. March 16, 1864, ch. 86. 80

Nevada made a State. An act to enable the people of Nevada to form a constitution and state
government, and for the admission of such state into the union on an equal footing with
the original states. March 21, 1864, ch.' 86 * 80

Colorado made a State. An act to enable the people of Colorado to form a constitution and state
government, and for the admission of such state into the union on an equal footing with
the original states. March 21, 1864, ch. 87 82

Homestead Law. An act amendatory of the homestead law, and for other purposes. March 21,

1864, ch. 88. ; 1 86

Mail Service. An act to provide for carrying the mails from the United States to foreign ports,

and for other purposes. March 25, 1«64, ch. 40. « 8*

Treaty toith Indians. An act to authorize the President to negotiate a treaty with the Klamath,

Modoc, and other Indian tribes hi southeastern Oregon. March 25, 1864, ch. 41 87

Convention with Ecuador. An act to carry in Co eflect tne convention with Ecuador for the

mutual adjustment of claims. March 2% 1.864, ch. 42. v ; 87

Military Academy Appropriation. An act making appropriations for the support of the military

Pensions. An act to increase' the pension of the revolutionary pensioners now on the rolls of

the pension office. April 1, 1864, ch. 46. 89

Navy. An act relating to acting assistant paymasters in the navy, and regulating the appoint-
ment of cadets In the Kara! Academy. April 1, 1864, ch. 47.. ' 89

Indian Affairs in California. An act to provide for the better organization of Indian afi&irs in

(Wornia. April 8, 1864, ch. 48 : 89

Onion Gas Light Company. An act to incorporate the Union Gas Light Company of the District

of Columbia. April 8,1864^ 49..... 41

Providence Hospital. An act to incorporate Providence Hospital of the city of Washington,

District of Columbia. April 8, 1864, ch. 60 .* 48

Maries Public. An act concerning notaries public for the district of Columbia. April 8, 1864,

ch. 61 1.* 44

Columbia Institution. An act to autbonse the Columbia Institution for the Peaf and Dumb and

the Blind to confer degrees. April 8, 1864, ch, 62 45

Chaplains in the Volunteer Service. An actio amend section nine of the act approved July sev-
enteenth, eighteen hundred and sixty-two, entitled' an act to define the pav and emolu-
ments of certain officer* of the army, and for other purposes. April 9, 1864, ch. 68 46

LIST OF THE PUBLIC ACTS OP CONGRESS. v

Page

Appraiser, tf-c., at Portland, Maine. An act to appoint an appraiser and assistant appraiser for

the port of Portland, and for other purposes* April 9, 1864, en. 54. 46

Colleges for the Benefit of Aorirultxtre and the Mechanic Arts. An act extending' the time within
which the states ana territories may accept the grant of lands made by the act entitled
" An act donating public lands to the several states and territories which may provide
colleges for the benefit of agriculture and the mechanic arts/' approved July second,
eighteen hundred and sixty-two. April 14, 1864, ch* 58 .* 47

Nebraska. An act to enable the people of Nebraska to form a constitution and state govern-
ment, and for the admission of such state into the Union on an equal footing with the
original states. April 19, 1864, ch. 59 47

Bock Island to be taken Possession of. An act in addition to "An act for the establishment of cer-
tain awenala/* April 19, 1864, ch. 60 * 50

Bainbridije, The United Bates Brig. An act fixing the date of the loss of the U. S. brig " Bain-
bridge," and for the relief of the officers, seamen, and marines of the same, and for other
purposes. April 19, 1864, ch. 61 52

in the Navy. An act to amend an act entitled " An act to establish and equalize the
grade of line officers of the United States navy/ 1 approved July sixteen, eighteen hun-
dred and sixty-two. April 21, 1864, ehv 62 58

Bank, #c., of Provost Marshal-General. An act to amend an act for enrolling and calling out the
national forces, so as to increase the rank, pay, and emoluments of the provost marshal*
general. April 21, 1864, ch. 64 64

District, &c. 9 ofPresque Isle to be called Erie. An act to change the name of the district and port

of Presque Isle to the district and port of Brie. April 21, 1864, ch. 66 54

Coinage of Cents and Two Cent Pieces. An act in amendment of an act entitled " An act relating
to foreign coins and the coinage of cents at the mint of the United States, 1 ' approved Feb-
ruary twenty-one, eighteen hundred and fifty-seven. April 22, 1864, ch. 66 54

Masonic HuU Association. An act for a charter of Masonic BaE Association, in Washington city,

District of Columbia. April 26, 1864, ch. 67 • 55

John Martin, Register to issue to the Steamer. An act to authorize the issuing of a register to the

steam vessel John Martin, April 26, 1864, ch, 68 * 67

Collisions at Sea, Rules to prevent. An act fixing certain rules and regulations for preventing col-
lisions on the water. April 29, 1864, ch. 69 / 68

Hospital Dues from Vessels sold abroad An act to provide for the collection of hospital dues from
vessels of the United States sold or transferred in foreign' ports or waters. April 29,
1864, ch. 70 . 61

Inspectors of Customs. Pay of certain, increased. An act to increase the compensation of inspeo*

tors 'of customs in certain ports. April 29, 1864, ch. 71 61

Donation Claims. An act in reference to donation claims in Oregon and Washington. April

29, 1864, ch. 72 t ? 62

Postmasters robbed by Guerillas. An act for the relief of postmasters who have been robbed by
* Confederate forces or rebel guerillas. April 29, 1868, ch, 78 62

Indian Refugees. An act to aid the Indian'refugees to return to their homes in the Indian Ter-
ritory.- May 8, 1864, ch. 74 62

Indian Reservations in Utah. An act to vacate and seB the present Indian reservations in Utah
Territory, and to setfie the Indians of said territory in theUinta valley. May 5, 1864,
ch. 77 .... * «.*•••».. ......... ♦ 68

Frauds in Names of Vessels. An act for the prevention and puiusbirient of frauds in relation to

the names of vessels. • May 5, 1864, ch. 78 ♦ 68

i- * • < - - ^

Lands to Minnesota for Railroads. An act making a grant of lands to the State of Minnesota, to

aid In the construction of the railroad from Saint Paul to Lake Superior. May 5, 1864,

ch.79 777. 64

Zonae to Wisconsin for Railroads.' An act granting lands to aid in the construction of certain

railroads in the State of Wisconsin. May 6, 1864, ch. 80 66

Charter of Washington amended. An act to amend *' An act to incorporate the inhabitants of the
cify of Washington/* passed May fifteen, eighteen hundred and twenty. May 6, 1864.
ch.81 ; k 68

Lands in (JaUfbrnia. An act for the relief of the settlers upon certain lands in California. May *
6,1864,ch.82 69

Measurement of Tonnage of Vessels. An act to regulate the admeasurement of tonnage of ships

and vessels of the United States. May 6, 1864, ch. 88 69

Iowa Railroads. An act for a grant of lands to the State of Iowa, in alternate sections, to aid in

the construction of a railroad in said state. May 12, 1864, ch. 84. , ..72

*i LIST OF THE PUBLIC ACTS OF CONGRESS.

Page

Convicts in Courts, of the United States. An act concerning the disposition of convicts in the
courts of the United States, for the subsisting of persons confined in jails charged with
violating the laws of the United States, and for diminishing the 'expenses in relation there-
to. Mb/ 1% 1864, ch. 86 74

Naval Service; Courts-Martial. An aet relating to appointments in the naval service and courts-

martial May 16, 1864, ch. 86 v 76

Postal Money Order System. An act to establish a postal money order system. May 17, 1864,

ch. 87 , 7$

.Acting Lieutenant- Commanders and Commanders, An act to appoint certain officers of the navy.

May 17, 1864, ch. 89 79

Veteran Volunteer Engineers. An act to organize a regiment of veteran volunteer engineers.

May 20, 1864, ch. 92 8a

Navy Appropriation. An act making appropriations for the naval service for the year ending
June thirtieth, eighteen hundred and sixty-five, and for other purposes. May 21, 1864,
ch. 98 $0

Nevada. An act to amend an act entitled "An act to enable the people of Nevada to form a
constitution and state government, and for the admission o| such state into the Union
on an equal footing with the original states." May 21, 1864, ch. 94 .' 85

Montana Territory. An act to provide a temporary government for the Territory of Montana.

May 26, 1864, ch. 96 . 86

Clerks to Paymasters in the Navy. An act for the classification of the clerks to paymasters in the

navy, and graduating their pay* May 26, 1864, ch. 96 ; ♦ . . 92

Appropriations to pay Damages by the Sioux Indians. An act making appropriations tor the pay-
ment of the awards made by the commissioners appointed under and by virtue of an act
of Congress entitled "An act for the relief of persons for damages sustained by reason of
the depredations and injuries by certain bands of Sioux Indians/' approved February
sixteen, eighteen hundred and sixty-three. May 28, 1864, ch. 97 92

Steamships between the United States and Brazil. An act authorising the establishment of ocean

mail steamship service between the United States and Brazil. May 28, 1864, ch. 98. . . 98

Certain lands may be entered, frc An act for the relief of the citizens of Denver, in the Terri-
tory of Colorado. May 28, 1864, ch. 99 94

Claims of Peruvian Citizens. An act to provide for the payment 1 of the claims of Peruvian citi-
zens, under the convention between the United States and Fern, of the 12th January,
1868. June 1, 186% ch. 101 96

Official Communications to be sent free. An act in relation to franked matter. June 1, 1864,

ch. 102 95

Lands to Iowa fir Railroads. Locations of Beads changed. An aet to amend an act entitled " An
act making a grant of land to the State of Iowa, in alternate sections, to aid in the*
construction of certain railroads hi said state/' approved May fifteen,. eighteen hundred
and fifty-six. June 2, 1864, ch. 108 \ 95

News-Boys* Borne* An act to incorporate the News-Boys' Home. June % 1864, ch. 104 99

National Currency. An act to provide a national currency, secured by a pledge of United States
bonds, and to provide for the circulation and redemption thereof! June 8, 1864, ch. 106. . 99

Public Printing. An act to amend an act relative to* the public printing. A June 8, 1864, ch. 107. 118

Transfer from Military to Naval Service. An act to repeal the first section of the joint resolution
relative to the transfer of persons in the military service to the naval service, approved
February twenty-four, eighteen hundred and sixty-four. June 8, 1864, ch. 108. , 119

Pittsburgh to be principal Port of Entry. An act to reestablish the principal port of entry for the

district of Champlain at Pittsburgh, and for other purposes. June 8, 1864, ch. 109. . . 119

Lands to Michigan. An act to amend an act entitled "An act making a grant of alternate sec- 1
tions of public lands to the State of Michigan, to aid in the construction of certain rail-
roads in said state, and for other purposes. June 7, 1864, ch. 110 119

Coal-Beavers and Firemen. An act to provide for granting an honorable discharge to, coal-
heavers and firemen in the naval service. June 7, 1864, oh. Ill : 120

Inspectors of Steamboats. An act to create an additional supervising inspector of steamboats
and two local inspectors of steamboats for the collection district of Memphis, Tennessee,
and two local inspectors for the collection district of Oregon, and for other purposes. *
June 8, 1864, ch. 118... 120

Counterfeiting Coin. An act to punish and prevent the counterfeiting of coin of the United

States. June 8, 1864, ch. 114 ♦ 120

Ohio Volunteer Militia. An act. to provide for the payment of the second regiment, third bri-
'gsde, Ohio volunteer militia, during the time they were mustered into the service of the
United States. June 8, 1864, ch. 115 121

LIST OP THE PUBLIC ACTS OP CONGRESS* vii

Page

Crews of Foreign Vessel* in the United States. An act to provide for Hie execution of treaties
between the United States and foreign nations respecting consular jurisdiction over the
crews of vessels of such foreign nations in the waters and ports of the United States.
June 11, 1864, ch. 116*. 121

Stipulations to Discharge Attachments. An act to authorize the Secretary of the Treasury to
stipulate for the release from attachment or other process of property claimed by the
United States, and for other purposes. June 11, 1864, ch. 117 122

Imitation of Action. Certain time not to be reckoned. An act in relation to the limitations of

actions in certain cases. June 11, 1864, ch. 118. 123

Members of Congress, frc, not to receive Money. An act relating to members of congress, heads of

departments, and other officers of the government June 11, 1864, ch. 119 123

Judicial Districts in Virginia. An act to change and define the boundaries of the eastern- and
western judicial districts of Virginia, and to alter the names of said districts, and for
other purposes. June 11, 1864, ch. 120 124

Summary Trials of Minor Offences. An act to provide for the summary trial of minor offences
' against the laws of the United States. June 11, 1864, ch. 121 124

Collection Districts in Oregon abolished. An act to abolish the collection districts of Port Orford

and Cape JPerpetua, in the State of Oregon. June It, 1864, ch. 122.... 125

Private Land Claims in New Mexico. An act* to amend an act entitled " An act to confirm cer-
tain private land claims in the Territory of New Mexico." June 11, 1864, ch. 123 125

Army Appropriation. An act making appropriations for the support of the army for the year
ending the thirtieth June, eighteen hundred and sixty-five, and for other purposes. June
15, 1864, ch. 124 126

Home for Friendless Women and Children. An act to incorporate the Home for Friendless

Women and Children. June 15, 1864, ch. 125 180

School Lands in Missouri. An act concerning certain school lands in township forty-five north,

range seven east, in the State of Missouri. June 15, 1864, ch. 126 * 182

Gold, $c, certain Saks of, prohibited. An act to prohibit certain sales of gold and foreign ex*

change. June 17, 1864, ch. 127.... 182

Withdrawal of Goods from Public Stores. An act to amend an act entitled " An act to extend the
time tor the withdrawal of goods from public stores and bonded warehouses, and for
other purposes," approved twenty-ninth February, eighteen hundred and sixty-four.
June 17, 1864, ch. t& 133

Water-Tax in Georgetown. An act to amend an afct entitled " An act to authorize the corpora-
tion of Georgetown, in the District of Columbia, to lay and collect a water-tax, and for
other purposes," approved May twenty-one, eighteen hundred and sixty-two. June 17,
1864, ch. 129. 133

Foreign Coasting Trade on the Northern, $c. Boundary. An act to regulate the foreign coasting
trade on the northern, northeastern and northwestern frontiers of the United States,
<»nd for other purposes. June 17, 1864, ch. 130 134

Veto Power in Washington Territory. An act to regulate the veto power in the Territory of

Washington. June 17, 1864, ch. 131 135

Superannuated Fund Society. An act to empower the Superannuated Fund Society of the Mary-
land Annual Conference to hold property in the District of Columbia, and to take a devise
under the will of the late William Doughty. June 17, 1864, ch. 132 185

Rancho Bolsa de Tomales. An act to grant the right of preemption to certain settlers on the

Eancho Bolsa de Tomales, in the State of California. June 17, 1864, ch. 138 186

Marquette and Ontonagon Railroad. An act extending the time for the completion of the Mar-
quette and Ontonagon Railroad, of the State of Michigan. Jane 18, 1864, ch. 184. ...... 137

»

Colorado. Time of Vote upon Constitution changed. An act to amend an act entitled "An act
to enable the people of Colorado to form a constitution and state government, and for
the admission of such state into the union on an equal footing with the original states.
June 18, 1864, ch. 186 7 7. : . . . . 187

♦

Consular and Diplomatic Appropriation. An act making appropriations for the consular and diplo-
matic expenses of the government for tfie yea? ending thirtieth June, eighteen hundred
and sixty-five, and for other purposes. June 20, 1864, ch. 186 187

Wagon Roads in Michigan. An act granting lands to the State of Michigan for the construction*

of certain wagon roads for military and postal purposes. June 20, 1864, ch. 137 140

Claims of Peruvian Citizens. An act to amend an act entitled "An act to provide for the pay*
ment of the claims of Peruvian citizens under the convention between the United States
and Peru, of the twelfth of January, eighteen hundred and sixty-three," approved June
first, eighteen hundred and sixty-four. June 20, 1864, ch. 186 141

Fishing Bounties. Duties on' Foreign Salt An act requiring proof of payment of duties on for-

viu LIST* OF THE PUBLIC ACTS OP CONGRESS.

Page

eign salt before payment of the allowances provided for by the acts of July twenty-
ninth, eighteen hundred and thirteen, and March third* eighteen hundred and nineteen.
June 20, 1864, ch. 189 142

Marine Hospital in Chicago* An act to authorize the Secretary of the.Treasury to sett the Ma-
rine Hospital and grounds at Chicago, Illinois, and to purchase a new site and build
a new hospital June 20, 1864, ch* 140.. 142

Idaho Reapportionment of. An act to amend an act entitled " An act to provide ft temporary
government for the Territory of Idaho/' approved March third, eighteen hundred and
sixty-three. June 20, 1864, ch. 141 . 142

Entries of Land in Missouri* An act to confirm certain entries of land in the State of Missouri.

June 20, 1*64, ch. 142 , 148

Judicial Districts in Michigan* An act to detach the counties of Calhoun and Branch from the
western judicial district, and annex the same to the eastern district of the State of Michi-
gan. June 20, 1864, ch. 148 14S

Lands in California '—College Rancho. An act concerning lands in the State of California* June

20, 1864, ch. 144 148

Pay of Non-Commissioned Officers and Soldiers, #c* An act to increase the pay of soldiers in the

United States army, and for other purposes. June 20, 1864, ch. 145. 144

Legislative* Executive, and Judicial Expenses Appropriation, An act making appropriations for the
legislative, executive, and judicial expenses of the government for the year ending June
thirtieth, eighteen hundred and sixty-five, and for other purposes. June 25, 1864,
ch. 147 145

Indian Appropriation* An act making appropriations for the current and contingent expenses
of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes,
for the year ending June thirtieth, eighteen hundred and sixty-five, and for other pur-
poses. June 25, 1864, ch. 148 161

Examination of Officers* An act to provide for the examination of certain officers of the army.

June &, 1864, ch. 149 181

Payment for Horses, frc. Lost, An act to amend an act entitled " An act to provide for the pay-
ment of horses and other property destroyed in the military service of the United States/'
June 26, 1864, ch. 150. . . ♦ 182

Grade of certain Navy Officers* An act to amend an act entitled " An act to establish and equal-
foe the grade of fine officers of the United States navy/' approved July sixteen, eighteen
hundred and sixty-two. June 25, 186* ch. 151 182

Retiring Navy Officers* An act to amend the act of twenty-first December, eighteen hundred
and sixty-one, entitled "An act to further promote the efficiency of the navy." June
25,1864, ch.*62 188

Lands granted to Wisconsin, An act granting lands to the State of Wisconsin to build a military

road to Lake Superior, June 25, 1864, ch. 158 188

Lands in Oregon* An act to amend the act of congress making donations to the settlers on the
public lands in Oregon, approved September twenty-seven, eighteen hundred and fifty,
and the acts amendatory thereto, June 25, 1864, ch. 154 184

Printing Public Documents* An act to expedite and regulate the printing of public documents,

and for other purposes. June 25, 1864, ch. 155 184

Public Instruction in the District of Columbia. An act to provide for the public instruction of youth
in the county of Washington, District of Columbia, and for other purposes. June 25,
1864, ch. 156 187

Levy Court* An act to amend an act entitled " An act to define the powers and duties of the

levy court of the county of Washington, District of Columbia. June 25, 1864, ch. 157... 198

Bailiff of Orphans* Court* An act to authorize the bailiff of the Orphans' Court, in the county
of Washington and District of Columbia, to serve processes issued by said court, and for
other purposes. June 25, 1864, ch. 158 «. 194

Final Fees far Patents* An act amendatory of an act to amend an act entitled " An act to pro-
mote the progress of the useful arts/' approved March three, eighteen hundred and sixty-
three. June 25, 1864, ch. 169 *. 194

Lands to California* An act to grant to the State of California certain lands for state prison

purposes. June 25, 1864, ch. 160 : 194

Settlement of Claims of Hudson 1 s Bay, $c* Companies* An act to carry into effect a treatv between
the United States and her Britanic Majesty for the final settlement of the claims of the
Hudson's Bay and Puget's Sound agricultural companies. June 27, 1864, ch. 162 195

Fees of Clerk, #c., in the District of Columbia* An act in relation to the foes and emoluments of
the marshal, attorney, and clerk of the supreme court of the District of Columbia, and
for other purposes. June 27, 1864, ch. 168 195

Smuggling, An act to prevent smuggling, and for other purposes. June 27, 1864, ch. 164 197

LIST OF THE PUBLIC ACTS OP CONGEESS, ix

Puge

Circuit Court fir District of Wisconsin. An act in relation to the circuit court in and for the

district of Wisconsin, and for other purposes. Jane 27, 1864, ch. 186../. 199

Fugitive Stave Act. An act to repeal the fugitive slave act of eighteen hundred and fifty,
and all acts and parts of acts for the rendition of fugitive slaves. June 28, 1864,
ch, 166 ♦ ........ 200

Government Hospital for the Insane* An act to provide for the improvement of the grounds
of the government hospital for the insane by an exchange of land. June 28, lb64,
ch. 167 200

Public Works in Harbors of Northern Lakes. An act to provide for the repair and preservation of

certain public works of the United States. June 28, 1864, ch. 168 200

Colored Catholic Benevolent Society. An act to incorporate the Colored Catholic Benevolent So-
ciety. June 28, 1864 ch- 169 201

Seamen. An act repealing certain provisions of law concerning seamen on board public and

private vessels of the United States. June 28, 1864, ch. 170.. 201

Imports, Duties on* An act to increase duties on imports, and for other purposes. June 80, .
1864, ch. 171 202

Ways and Means — Bonds, Treasury Notes. An act to provide ways and means for the support

of the government, and for other purposes. June 80, 1864, ch. 172 218

Internal Revenue Law. An act to provide internal revenue to support the government, to pay

interest on the public debt, and for other purposes. June 80, 1864, ch. 173 228

Prize Proceedings, frc. An act to regulate prize proceedings and the distribution of prize money,

and for other purposes. June 80, 1864, ch. 174 806

Post-Roads, An act to establish certain post-roads. June 80, 1864, ch. 176 816

Washington and Georgetown Railroad Company. An act to amend the charter of the Washington

and Georgetown Railroad Company. June 80, 1864, ch. 176 822

Ndvajoe Indian Captives. An act to aid in the settlement, subsistence, and support of the Nava*
joe Indian captives upon a reservation In the Territory of New Mexico. June 80, 1864,
ch. 177 828

Convention with Colombia. An act to carry into effect a convention between the United States of

America and the United States of Colombia. June 80, 1864, ch. 178 828

Navy Yard in Western Waters. An act authorizing the Secretary of the Navy to appoint a com-
mission to select a site for a navy yard or naval station on the western waters, and for
Other purposes. June 80, 1864, ch. 179 , 828

Guardian Society. An act granting certain privileges to the " guardian society " of the District

of Columbia. June 80, 1864, ch. 180 , 824

Indians of Middle Oregon. An act to authorize the President of the United States to negotiate
with certain Indians of Middle Oregon for a relinquishment of certain rights secured to
them by treaty. June 80, 1864, ch. 181 824

Deposit. An act in relation to the village of Deposit, Delaware county, New York. June 80.

1864, ch. 182 ...... ' 824

Pension Agents. An act relating to the compensation of pension agents. June 80, 1864, ch. 188 826

" Yozemite Valley* 9 and " Mariposa Big Tree Grove." An act authorizing a grant to the State of
California of the " Yozemite valley/' and of the land embracing the " Mariposa Big
Tree Grove." June 80, 1864, ch. 184 825

Las Omegas and La Nana Grants. An act authorizing the issue of patents for locations made
with certificates granted under authority of the act of Congress, approved March seven-
teenth, eighteen hundred and sixty-two, allowing floats in satisfaction of lands sold by
the United States within the limits of the Las Ormegas and La Nana Grants in Louisiana.
June 80, 1864, ch. 185 826

Red River of the North. An act to facilitate trade on the Bed River of the North. July 1, 1864,

ch. 189 826

Metropolitan Railroad Company. An act to incorporate the " Metropolitan Railroad Comtiany,"

in the District of Columbia. July 1, 1864, ch. 190 ... 826

Potomac Ferry Company. An act to incorporate the Potomac Ferry Company. July 1, 1864,

ch. 191 ^ 881

Levy Court. An act authorizing the levv court of Washington county, in the District of Colum-
bia, to levy and collect its portion of the direct tax imposed by the act of Congress of
August five, eighteen hundred and sixty-one. July 1, 1864, ch. 192. , . . 881

Direct Tax in Washington. An act to authorize the corporation of 'Washington to levy and col-
lect the'direct tax imposed by act approved August five, eighteen hundred and sixty-one.
July 1, 1864, *ch. 193* *..••••*•.■.•«.••*•.•»•«••.«»••••■••*»».«••»».*«••••••••••»•. 382

Private Land Clams in California. An act to expedite the settlement of titles to lands in the

State of California, July 1, 1864, ch. 194 .882

x LIST OF THE PUBLIC ACTS OF CONGRESS.

Page

Lot of Land in Port Crawford Reservation. An Act for the sale of & lot of land In Iowa, in the

Fort Crawford reservation. July 1, 1864, ch. 195 884

Registers and Receivers of Land Offices. An act to regulate the compensation of registers and re
ceivers of the land offices in the several states and territories in the location of lands by
states and corporations under grants from Congress. July 1, 1864 ch, 196 885

Postmasters. An act to establish salaries for postmasters, and for other purposes. July 1, 1864,

ch. 197 • 885

Lands to Kansas. An act making an additional grant of lands to the State of Kansas, to aid in

the construction of railroad and telegraph lines. July 1, 1864, ch. 198 889

Telegraphic Communieation. An act to encourage and facilitate telegraphic communication be-
tween the eastern and western continents. July 1, 1864, eh. 199 840

Naval Hospital, Kittery, Maine. An act repealing so much of "An act to supply deficiencies hi
the appropriations for the service of the fiscal year ending the thirtieth of June, eighteen
hundred and sixty-four, and for other purposes," approved March fourteen, eighteen
hundred and sixty-four, as appropriates twenty-five thousand dollars for erecting a naval
hospital at Kittery, Maine. July 1, 1864, ch. 200. . v 841

Navy. An act to provide for the efficiency of the navy. July 1, 1864, oh. 201 842

Portland and Leavenworth. An act to establish Portland, in the State of Oregon, and Leaven-

worth, in the State of Kansas, ports of delivery. July 1, 1864, ch. 202, . * 842

Officers and Crew.qf the Essex. An act to compensate the officers and crew of the iron dad-gun-
boat Essex for the destruction of the rebejl ram Arkansas* July 1, 1864, ch. 208 842

of Seamen. An act prescribing the punishment for enticing or aiding seamen to de-
sert the naval service of the United States. July 1, 1864, ch. 204 848

Coal Lands and Town Property. An act for the disposal of coal lands and of town property in

the public domain. July 1, 1864, oh. 205 848

Saks of Gold and Exchange. An act to repeal the act of the seventeenth of June, eighteen
hundred and sixty-four, prohibiting the sales of gold and foreign exchange. July 2,
1864, eh. 209. v I &±

Civil Expense Appropriation. An act making appropriations for sundry civil expenses of the
government for the year ending the thirtieth of June, eighteen hundred and sixty-fire,
ana for other purposes. July 2, 1864, ch. 210 844

Fortifications and fPorks of Defence. An act making appropriations for the construction, pres-
ervation, and repairs of certain fortifications and other works of defence for the year
ending the thirtieth of June, eighteen hundred and sixty-five, and for other purposes.
July % 1864, ch. 211 868

Wattabout Bay, Brooklyn. An act to authorize the United States to acquire land in Wallabout
Bay, belonging to the city of Brooklyn, and to authorize die exchange of other lands
therefor. Sly 2, 1864, eh. 212 854

Lands to Oregon. An act granting lands to the State of Oregon, to aid in the construction of a
military road from Eugene City to the eastern boundary of said state. July 2, 1864,
eh. ^18 ♦ 856

Cot/ax Street. An act to establish Col&x Street in the city of Washington and District of Co-
lumbia. July % 1864> ch. 214 865

GueriUa Marauders. An act to provide for the more speedy punishment of guerilla marauders,

and for other purposes, July 2, 1864, ch. 215 « 856

Pacific Railroad and Telegraph. An act to amend an act entitled "An act to aid in the construc-
tion of a railroad and telegraph line from the Missouri Biver to the Pacific Ocean, and
to secure to the government the use of the same for postal, military, and other pur-
poses," approved July first, eighteen hundred and sixty-two. July 2, 1864, ch. 216 , , , . 856

Northern Pacific Railroad and Telegraph. An a/ft granting lands to aid in the construction of a
railroad and telegraph line from Lake Superior to Fttgef s Sound, on the Pacific 'coast,
by the northern route. July % 1864, ch. 217. ♦ 865

Rancho Laquna de Santos CaM. An act to quiet the titles to lands within the Bancho Laguna

de Santos Called in the State of California. July % 1864, ch. 218. 872

Warrant Officers of the Navy. An act to authorize assimilated rank to be given to the warrant
officers of the United States navy, and for other purposes. July % 1864, ch. 210 878

Telegraphic Communication. , An act for Increased facilities or* telegraph communication between

the Atlantic and Pacific slates and the Territory of Idaho. July % 1864, ch. 220 878

Reservations of Public > Lands. An act in relation to the sale of reservations of the public lands.

July % 1864, ch. 221 *. 874

Parties may be Witnesses. An act relating to die law of evidence in the District of Columbia.

July % 1864, ch. 222 : 874

LIST OP THE PUBLIC ACTS OF CONGRESS. xi

Page

Branch Mint at San Francisco, An act authorizing the erection of buildings for the branch mint

at San Francisco. July 2, 1864, eh. 228 875

ExemjAificaiions by General Land Office. An act prescribing the terms on which exemplifica-
tions shall be famished by the General Land Office. July % 1864, ch. 224 ... . 875

Sake of Captured and Abandoned Propert y , An act in addition to the several acts concerning
commercial intercourse between loyal and insurrectionary states, and to provide for the
collection of captured and abandoned property* and the prevention of frauds, in states
declared in insurrection. July % 1864, ch, 225 . 875

Bounty Lands. An act providing for satisfying claims for bounty lands, and for other purposes.

July 2, 1864, eh. 226... 878

National Forces* An act further to regulate and provide for the enrolling and calling cut the

national forces, and for Other purposes. July 4, 1864, ch. 287...* 379

Boom for Agricultural Department, An act to repeal a joint resolution, entitled " Joint resolu-
tion to grant additional rooms to the Agricultural Department," and for other purposes.
July 4, 1864, ch. 238 881

Smuggling. An act making an appropriation to carry into effect " An act to prevent smug-
gling." July 4, 1861, eh. 289 881

Court of Chime, An act to restrict the jurisdiction of the court of claims, and to provide
for the payment of certain demands, quartermasters' stores, and subsistence supplies,
furnished to the army of the United States. July 4, 1864, ch. 240 881

Post- Office Department. An act to correct a clerical error in the law of June thirtieth, eighteen

hundred and sixty-four, relating to the Post-Office Department. July 4, 1864, ch. 241 . 882

Branch Mint at Dalles- City. An act to establish a branch mint of the United States at Dalles

city, in the State of Oregon. July 4, 1864, ch. 242 ; 882

Landlord and Tenant Act. An act to regulate proceedings in cases between landlord and ten-
ants in the District of Columbia. July 4, 1864, ch. 218 888

Washington Aqueduct. An act to provide for the supervision, repairs, liabilities, and completion

of the Washington aqueduct. July 4, 1864, ch. 244 884

Circuit and District Courts in Northern District of New York. An act to regulate the sessions of
the circuit and district courts for the northern district of New York, and for other pur-
poses. July 4, 1864, ch. 246 „ 885

Immigration, An act to encourage immigration. July 4, 1864, ch. 216 885

Pensions and Pensioners. An act supplementary to an act, entitled ** An act to grant pensions,"

approved July fourteenth, eighteen hundred and sixty-two. July 4, 1864, ch* 247 887

Seamen on Vessels wrecked or lest. An act for the relief of seamen, and others, borne on the

books of vessels wrecked or lost in the naval service. July 4, 1864, ch. 248 889

Passengers on Steam Ships, frc. An act further to regulate the carriage of passengers in steam

ships and other vessels. July 4, 1864, ch. 249 890

Congressional Globe and Appendix. An act to pay, In part, for publishing the debates of con-
gress, and for other purposes. July 4, 1864, ch. 250 892

Submarine Inventions. An act making an appropriation for testing submarine inventions. July

4, 1864, ch. 251 , 892

Education of Naval Constructors and Steam Engineers. An act to authorize the Secretary of the
Navy to provide for the education of naval constructors and steam engineers, and for
other purposes. July 4, 1864, ch. 262 891

Quartermasters Department. An act to provide for the better organization of the quartermaster's

department July 4, 1864, ch. 263 894

PUBLIC RESOLUTIONS.

[No. 1.1 Thanks and Medal to Major-General Grant, &c. Joint resolution of thanks to Major-
General Ulysses S. Grant, and the officers and soldiers who have fought under his com-
mand during this rebellion ; and providing that the President of the United States shall
cause a medal to be struck, to be presented to Major-General Grant in the name of the
People of the United States of America. December 17, 1868 899

[No. 2.1 Thanks to Captain John Badgers. Joint resolution tendering the thanks of congress to
Captain John Hodgers, of the United States Navy, for eminent skill and zeal in the dis-
charge of his duties. , December 28, 1868 899

[No. 8.] Ptthlie Printing, and Bounties to' Volunteers. Joint resolution to supply, in part, defi-
ciencies in the appropriations for the public printing, and to supply deficiencies in the
appropriations for bounties to volunteers. December 28, 1868 899

xii LIST OF THE PUBLIC RESOLUTIONS OP CONGRESS.

Page

[No. 4.1 Annual Report of Commissioner of Internal Revenue. Joint resolution to provide for
the printing annually of the report of the Commissioner of Internal Revenue. January
18, 1864 400

[No. 6.1 Bounties* Joint resolution to continue the bounties heretofore paid. January lp,

1864 400

[No. 0.] Pubfje Printing, and Bounties to Volunteers. A resolution amendatory of the joint
resolution " to supply, in part, deficiencies in the appropriations for the public printing,
and to supply deficiencies in the appropriations -for bounties to volunteers." January
16,1864. . 400

[No. 7.] Thanks to Major- General Banks. A resolution expressive of the thanks of congress
to Major-General Nathaniel P. Banks, and the officers and soldiers under his command
at Port Hudson. January 28, 1864. 401

[No. 8.1 Thanks to Major-General Burnside, £c, A resolution of thanks to Major-General
Ambrose E. Burnside, and the officers and men who fought under his command. Janu-
ary 28, 1864. 401

[No. 9.] Thanks to Major- Generals Hooker, Meade, and Howard, $c. A resolution expressive of the
thanks of congress to Major-General Joseph Hooker, Major-General George G. Meade,
Major-General Oliver O. Howard, and the officers and soldiers of the army of the
Potomac January 28, 1864 401

[No. K)J Thanks to Cornelius VanderbttL A resolution presenting the thanks of congress to

Cornelius Vanderbilt for a gift of the steamship " Vanderbilt." January 28, 1864. . . 401

[No. 11.] Public Printing, A resolution in relation to the public printing. February 8, 1864. *2 P 2

[No. 12.] Thanks to Major-General Sherman. Joint resolution tendering the thanks of con-
gress to Major-General W. T. Sherman. February 19, 1864. , . 402

[No. 14.] Taxes on lands owned by ike United States, Joint resolution making appropriation for

the payment of taxes on certain lands owned by the United States. February 2% 1864. 402

[No. 16.] Transfer from Military to Naval Service. A resolution relative to the transfer of per-
sons in the military service to the naval service. February 24, 1864. 402

[No. 16.J Thanks to Volunteer Soldiers who have reenUsted. Joint resolutions of thanks of con-
gress to the volunteer soldiers who have reunite ted in the army. March 8, 1864 403

[No. 17.] Bounties. Joint resolution to continue the payment of bounties. March 8, 1864... ♦ 408

[No. 18J Thanks to Commodore Ringgold. A resolution of thanks of congress to Commodore
Cadwalader Ringgold, the officers and crew of the United States ship " Sabine." March
7,1864. , 408

[No. 20.] Interest en Public Debt may he anticipated. Joint resolution to authorize the Secretary
of the Treasury to anticipate the payment of interest on the public debt, and for other
purposes. March 17, 1864. 401

•

[No. 21.] Steamer " Mohawk," Register to issue to. A joint resolution authorizing the issue of a

register to the steamer "Mohawk." March 25, 1864. 404

[No. 22.1 Thanhs to Admiral Porter. Joint resolution tendering the thanks of congress to AdV

miral Porter. April 19, 1864. ....404

[No. 28.J Lot of Land to he sold at Auction. Joint resolution authorizing the Secretary of the
Navy to sell at public auction lot numbered thirteen in the village of Sackett's Harbor,
New York. April 19, 1864. 401

(No. 21] " Cincinnati," Accounts of Grew, $c. Joint resolution relative to the accounts of the
' petty officers, and others of the crew of the United States gunboat " Cincinnati!. " April
19,1864...... ... 40i

[No. 25.J Fort Pillow, Examination into Attach upon. Joint resolution directing the committee
on the conduct of the war to examine into the recent attack on Fort Pillow. April 21,
1864. 406

[No. 26.] Decisions of Supreme Court. A resolution relating to the publication of the decisions
of the supreme court of the United States for December term, eighteen hundred and
sixty-three. April 22. 1864. 405

[No* 27.1 Duties on Imports. Joint resolution to increase temporarily tine duties on imports.

April 29, 1864. . . , 406

[No. 28.] Volunteers, Payment of. Joint resolution for the payment of volunteers called out for

not less than one hundred days. April 29, 1864. 406

[No. 29.] Official Reports of Operations of Armies of the United States. A resolution to provide
* for the printing of official reports of the operations of the armies of the United StateB.
May 19, 1864. 406

[No. 80.1 Expenses of Joint Committee on Conduct of War. A resolution* for the payment of ex-
penses incurred by the joint committee on the conduct of the war. May 19, 1864. 406

LIST OP THE PUBLIC RESOLUTIONS OF CONGRESS. xiii

Page

[No. 81.1 Staff-Officers of the Lieutenant- General Joint resolution relative to pay of staff-
officers of the lieutenant-General. May 20, 1864 406

[No. 82.] Member of Congress from Illinois, Joint resolution providing for the election of a

member of Congress for the State of Illinois by the state at large. May 20, 1864 407

(No. $5.] Amendment of Charter of City of Washington. A resolution to amend the charter of

the City of Washington. Jane 1, 1864 * 407

[No. 88.1 Baron de Kalb, Payment Sailors, $c. t of the, A resolution to compensate the

sailors on the gunboat Baron de Kalb, for loss of clothing. June 7, 1864 408

[No. 89.] Solomon Sharp may accept Testimonial, A resolution authorizing the acceptance of a

certain testimonial from the government of Great Britain. June 7, 1864 408

[No. 40.] Thanks to tieutenant-Colonel Bailey, A resolution tendering the thanks of Congress
to lieutenant-Colonel Joseph Bailey, of the fourth regiment of Wisconsin volunteers.
June 11, 1864 408

[No. 41.] Des Mokes, Iowa, Joint resolution granting certain privileges to the city of Des

Moines, in the State of Iowa. June 15, 1864 .* 408

[No. 42.] Revision of Lam of District of Columbia. A resolution to provide for the revision of

the laws of the District of Columbia. June 18, 1864 408

[No. 48.] Marquette and Ontonagon Railroad, A resolution explanatory of an act entitled " An
act extending the time for the completion of the Marquette and Ontonagon Railroad, of
the State of Michigan." June 18, 1864 : 409

(No. 45.] John Ericsson and the Dictator and Puritan, Joint resolution authorizing the Secre-
tary of the Navy to amend the contract with John Ericsson for the construction of two
impregnable floating batteries, the Dictator and the Puritan. June 25, 1864 409

[No. 46.] Department of Missouri. Joint resolution amendatory of "An act to provide for the
deficienc y^ in t he appropriation for the pay of officers and men actually employed in the
Western Department, or Department of Missouri." June 25, 1834 , 410

(No. .47-1 Clerks at Kittery and Philadelphia Navy Yards, A resolution fov the relief of clerks at

the Kittery and Philadelphia Navy Yards. June 25, 1834 410

[No. 49.] Duties on Imports, Joint resolution to continue in force the joint resolution entitled
u Joint resolution to increase temporarily the duties on imports," approved April
twenty-ninth, eighteen hundred and sixty-four. June 27, 1864 . . . . . 411

[No* 60.1 Emancipation Commissioners, Joint resolution correcting a clerical error in the award

or the emancipation commissioners* June 28, 1864 411

[No. 51.1 Young Men's Christian Association, Joint resolution to incorporate the Young Men's

Christian Association of the City of Washington. June 28, 1864 411

[No. 58.] Overland MaU Company. Joint resolution to authorize the Postmaster-General to

extend the contract with the Overland Mail Company. June 80, 1864 411

[No. 54.] Army Register, Joint resolution to provide for the publication of a full Army Regis-
ter. June 80, 1864 ; 412

[Not 66J frish National Fair at Chicago, Joint resolution authorizing the Secretary of the
Treasury to release certain parties from liabilities or payment of duties and penalties
therein mentioned. June*80, 1864 , 412

[No. 56.] Street*, Squares, frc, in Washington not to be unlawfully appropriated. Joint resolution
authorizing the Secretary of the Interior to reclaim and preserve certain property of
the United States. June 80, 1864 , „ ..♦.418

[No. 57.] Indian Regiments, Joint resolution for the relief of the officers of the fourth and fifth

Indian regiments. June 80, 1864 413

[No. 59.] Wisconsin. A resolution for the relief of the State of Wisconsin. July 1, 1864 . . » 418

(No. 60.1 Expenses of Surveys of Public Lands, A resolution explanatory of the tenth section
of w An act to reduce the expenses of the survey and sale of the public lands in the
United States," approved May 80, 1862. July 1, 1864 414

[No. 61.1 Government Hospital for the Insane, A resolution to authorize the acquisition of cer-
tain land for the use of the Government Hospital for the Insane. July 1, 18$4- 414

[No. 62J Naval Pension Fund. A resolution regulating the investment of the Naval Pension

Fund, July 1, 1864 414

[No. 68.] Agricultural Department. . Joint resolution to grant additional rooms to the Agricul-
tural Department July 1, 1864 s # 415

[No 66.] National Humiliation and Prayer. A resolution requesting the President to appoint

a day for National Humiliation and Prayer. July 2, 1864 415

[No. 67.1 Military Academy at West Point. Joint resolution in relation to the professors of the

Military Academy at West Point. July 2, 1864 416

voit.xiau Pub. — b

xiv LIST OF THE PUBLIC ACTS OF CONGRESS.

Page

[No. 68 ] Musicians. ,A resolution explanatory of an act entitled " An Act to increase the pay
of soldiers in the United States army, and for other purposes," approved June twentieth,
eighteen hundred and sixty-four. July 2, 1864 * 416

[No. 76.1 Matrons in Hospitals. A resolution to increase the compensation of matrons in the

hospitals. * July 4, 1864. 416

[No. 76.] Sufferers by Accident at Arsenal. Joint resolution for the relief of the sufferers by a late

accident at the U. S. Arsenal in Washington, D. C. July 4, 1864 416

[No, 77.] Special Income Duty* Joint resolution imposing a special income duly* July 4, 1864. 417

[No. 78.] Staff-Officers of the Lieutenant' General. Joint resolution explanatory of a joint resolu-
tion relative to pay of staff-officers of the Lieutenant-GeneraL July 4, 1864 417

STATUTE n.— 1864-5.

Qttarantwe and Health Lam in New York. An act in addition to the " Act respecting quaran-
tines and health laws/', approved February twenty-fifth, one thousand seven hundred
and ninety-nine, and for the better execution of the third section thereof. December 16,
1864, ch. 1 419

District Courts in Indiana. An act authorizing the holding of a special session of the United

States district court for the district of Indiana, December 20, 1864, ch. 2 419

Steam Revenue-Cutters fir the Lakes. An act to authorize the purchase or construction of rev*

enue-cutters on the lakes. December 20, 1864, ch. 8 419

Grade of Vxce-Adiniral. An act to establish the grade of vice-admiral in the United States navy*

December 21, 1864, ch. 6 420

Internal Revenue Act amended. An act to amend the act entitled " An act to provide internal
revenue to support the government, to pay interest on the public debt, and for other
purposes." approved June thirtieth, eighteen hundred and sixty-four. December 22,
1864, ch, 8..:: 7. 420

Withdrawal of Goods from Public Stores. An act to extend the time allowed for the withdrawal

of certain goods therein named from public stores. December 22, 1864, ch* 9 420

Smithsonian Institution. An act to repeal the provision of law requiring certain regents of the
Smithsonian Institution to be members of the National Institute. January 10, 1865,
ch. 11 „. 420

Pensions Appropriation. An act making appropriations for the payment of Invalid and other
pensions of the United States for the year ending the thirtieth of June, eighteen hundred
and sixty-six. January 11, 1866, ch. 12 421

Manslaughter in the District of Columbia. An act to amend an act entitled " An act for the pun*
ishment of crimes in the District of Columbia," approved March second, eighteen hun-
dred and thirty-one. January 18, 1865, ch. 18 421

Postage between Kansas and California. An act to amend an act entitled " An act to provide for
carrying the mails from the United States to foreign ports, and for other purposes,"
approved March twenty-fifth, eighteen hundred and sixty-four. January 20, 1865,
ch. 16. 421

Consular and Diplomatic Appropriation. An act making appropriations for the consular and diplo-
matic expenses of the government for the year ending thirtieth June, eighteen hundred
and sixty-six. January 24, 1865, ch. 18 422

Advance of Rank to Army and Navy Officers. An act to provide for an advance of rank to officers

of the navy and marine corps for distinguished merit. January 24, 1865, ch. 19 424

Oatli of Attorneys and Counsellors. An act supplementary to an act entitled ** An act to prescribe
an oath of office, and for other purposes/' approved July two, eighteen hundred and
sixty-two. January 24, 1865, ch. 20 * 421

Treasury Notes may he issued in Lieu of Bonds. An act to amend an act entitled u An act to pro-
vide ways and means for the support of the government, and for other purposes/' ap-
proved June thirtieth, eighteen hundred and sixty-four. January 28, 1865, ch. 22 425

Post- Office Appropriation. An act making appropriations for the service of the post-office depart-
ment during the fiscal year ending the thirtieth of June, eighteen hundred and sixty-six.
January 28, 1865, ch. 28. v . . ; 425

Washington Gas-Light Company. An act to amend the charter of the " Washington Gas-Light

Company." January 80, 1865, ch. 24. 426

Metropolitan Railroad Company. An act to amend an act entitled u An act to incorporate the
Metropolitan Railroad Company in the District of Columbia," approved July first, eigh-
teen hundred and sixty-four. January 80, 1865, ch. 25 426

Franklin Insurance Company. An act to amend the act entitled "An act to amend and extend
the charter of the Franklin Insurance Company," approved second March, eighteen
hundred and thirty-eight January 80, 1865, ch. 26 426

LIST OF THE PUBLIC ACTS OF CONGRESS* xv

Page

Relief of certain Sioux Indians. An act for the relief of certain friendly Indians of the Sioux

nation in Minnesota. February 9, 1805, ch. 29 427

Insane in the District of Columbia. An act to extend to certain persons in the employ of the gov-
ernment the benefits of the Asylum fo* the Insane in the District of Columbia. February
9, 1865, ch. 80 427

Acting Assistant Treasurers. An act to provide for acting assistant treasurers or depositaries of

the United States in certain cases. February 13, 186*5, ch, 82 427

National Union Insurance Company. An act to incorporate the National Union Insurance Com-
pany of Washington. February 14, 1865, ch. 84 428

Collectors and Surveyors of Customs. An act for the relief of collectors and surveyors of the cus-
toms in certain cases. February 14, 1866, ch. 85 429

AfaU Service with China. An act to authorize the establishment of ocean mail-steamship service

between the United States and China. February 17, 1865, ch. 87 . . 480

Bridge made a Post-road. An act supplementary to an act approved July fourteen, eighteen
hundred and sixty-two, entitled " An act to establish certain post-roads." February 17,
1866, ch. 88 481

Bridge made a Post-road, An act to establish a bridge across the Ohio Biver at Cincinnati,

Ohio, a post-road. February 17, 1865, ch. 89 ; 431

Second Assistant Secretary of War. An act authorizing the President to appoint a Second Assist-
ant Secretary of War. February 20, 1865, ch. 41.. 481

Port of Entry, Ac., at Philadelphia. An act to enlarge the port of entry and delivery for the dis-
trict of Philadelphia. February 20, 1865, ch. 42 481

Arsenal at St. Louis, An act to repeal an act entitled M An act to remove the United States
arsenal from the city of Saint Louis and to provide for the sale of the lands on which the
same is located/ 1 February 20, 1865, ch. 48 482

Indian Title to Lands in Utah, An act to extinguish the Indian title to lands in the territory of

Utah suitable for agricultural and mineral purposes. February 28, 1865, ch. 45 482

Lattds taken for Indian Reservation*. An act to provide for the payment of the value of certain
lands and improvements of private citizens appropriated by the United States for Indian
reservations, in the Territory at Washington. February 28, 1865, ch. 46 482

Collection of Debts due the United States. An* act to facilitate the collection of certain debts due

the United States. February 23, 1865, ch. 47 432

City Charter of Washington amended. An act to amend an act entitled " An act to amend an act
to incorporate the inhabitants of the city of Washington, passed May fifteen, eighteen
hundred and twenty," approved May fifth, eighteen hundred and sixty-four. February
28, 1865, ch. 48 484

Sisters of Mercy incorporated. An act to incorporate the Sisters of Mercy in the District of Co-
lumbia. February 28, 1865, ch. 49. 435

Columbia Institution, frc. An act to amend an act entitled " An act to incorporate the Columbia
Institution for the Instruction of the Deaf and Dumb and the Blind," approved Febru-
ary sixteen, eighteen hundred and fifty-seven. February 23, 1865, ch. 60 48d

interference in Elections prohibited. An act to prevent officers of the army and navy, and other
persons engaged in the military and naval service of the United States, from interfering
in elections in the states. February 25, 1865, ch. 52. 437

Medical Corps of the Army. An act to increase the efficiency of the medical corps of the army.

February 26, 1865, ch. 53 * 437

Eastern Judicial District of New York, An act to create the Eastern Judicial District of the

State of New York. February 26, 1865;, ch. 54 438

Collection District of New York. An act supplemental to an act entitled " An act to annex a part of
the State of New Jersey to the collection district of New York, and to appoint an assist-
ant collector to reside at Jersey City/' approved February 21, 1863. February 25, 1865,
ch. 65. 488

Georgetown, DC, An act to authorize the corporation of Georgetown to levy certain taxes.

February 25, 1865, ch. 56 .489

Streets in Washington, D. C. An act authorizing and requiring the opening of Sixth Street west.

February 25, 1866, ch. 67 439

Libel, Prosecutions for. An act in reference to prosecutions for libel in the District of Columbia. .
February 25, 1865, ch. 58 439

Circuit Courts in Virginia. An act for changing lite time for holding the circuit courts in the

district of Virginia, February 25, 1865, eh. 59 440

Circuit and District Courts in Nevada. An act providing for a district and a circuit court of the
United States for the district of Nevada, and lor other purposes. February 27, 1865,
ch. 64 449

xvi LIST OP THE PUBLIC ACTS OP CONGRESS.

Page

Smuggling, Seism of smuggled Goods, frc. An act to revive certain provisions of the act entitle
" An act further to provide for the collection of duties on imports and tonnage/ 1 approved
March three, eighteen hundred and fifteen, and for other purposes. February 28, 1865,
ch. 67. . ' 441

Fortifications? Appropriation* An act making appropriations for the construction, preservation,
and repairs of certain fortifications and other works of defence, for the year ending the
thirtieth of June, eighteen hundred and sixty-six. February 28, 1865, ch. 68 «... 442

Enrolment and License of Vessels. An act relating to the enrolment and license of certain vessels.

February 28, 1865, ch. 69 , 444

Admeasurement of Tonnage of Vessels* An act to amend an act entitled "An act to regulate the
admeasurement of tonnage of ships and vessels of the United States/ 1 approved May
sixth, eighteen hundred and sixty-four. February 28, 1865, ch. 70 444

Salem and Heoerly Collection District Offices abolished. An act concerning the collection district

of Salem and Beverly, in Massachusetts. February 28, 1865, ch> 71 444

Michigan City Harbor Company. An act granting to the Michigan City Harbor Company the use
of government piers in said harbor for the purpose of protecting said harbor. February
28> 1865, ch. 72 445

Legislative, Executive, and Judicial Appropriation* An act making appropriations for the legisla-
tive, executive, and judicial expenses of the government for the year ending June thir-
tieth, eighteen hundred and sixty-six, and additional appropriations for the current fiscal
year. March 2, 1866, ch. 78 * 445

Navy Appropriation, An act making appropriations for the naval service for the year ending

June thirtieth, eighteen hundred and sixty-six. March 2, 1865, ch. 74. 462

Military Academy. An act making appropriations for the support of the military academy for
the year ending the thirtieth of June, eighteen hundred and sixty-six. March % 1865,
ch. 75. 467

Solicitor and Naval Judge Advocate-General. An act to establish the office of Solicitor and Naval

Judge Advocate. March % 1865, ch. 76. . . : *. f . 468

Six Hundred Million Loan* An act to provide ways and means for the support of the govern-
ment March 8, 1865, cb. 77 468

Internal Revenue. An act to amend an act entitled "An act to provide Internal revenue to sup-
port the government, to -pay interest on the public debt, and for other purposes/ 1 ' ap-
proved June thirtieth, eighteen hundred and sixty-four. March 8, 1865, ch. 78 469

Enrolment and Calling out of ihe National Forces. An act to amend the several acts heretofore
passed to provide for the enrolling and calling out the national forces, and for other pur-
poses. March 8, 1865, ch. 79 487

Duties on Imports. An act amendatory of certain acts Imposing duties upon foreign Importa-
tions. March 8, 1865, ch. 80 491

*

Army Appropriation. An act making appropriations for the support of the army for the year

ending thirtieth June, eighteen hundred and sixty-six. March 8, 1865, ch. 81 495

National Currency. An act to amend an act entitled "An act to provide a national currency,
secured by a pledge of United States bonds, and to provide for the circulation and re-
demption thereof^ March 8, 1865, ch. 82 ; 498

Enlistments in ike District of Columbia. An act to prevent the enlistment of persons charged with
crime in the District of Columbia as substitute fs] or as volunteers in the army or navy,
and to prevent frauds at the district jail in the city Washington. March 8, 1865, ch. 83 498

Pensions. An act supplementary to the several acts relating to pensions. March 3, 1865, ch.

84 ....... *•••»••.«**.*•»•..*•»»»«•***•.••..•* ...... .................. ............ 499

Chief of Staff to Lieutenant- General An act to provide for a chief of staff to the lieutenant-
general commanding the armies of the United States. March 8, 1865, ch. 867 500

Criminal Procedure, Grand Jury, #e. An act regulating proceedings in criminal cases, and for

other purposes. March 8, 1865, ch. 86 500

Duvet Taxes in Insurrectionary Districts, Conveyance*, j*. An act further to amend an act entitled <
"An act for the collection of direct taxes In the insurrectionary districts within the United 1
States, and for other purposes/ 1 approved June, seven, eighteen hundred and sixty-two,
March 8, 1865, ch. 87 601

Central, Western, and Union Pacific Railroad Companies. An act to amend an acf entitled "An
act to aid in the construction of a railroad and telegraph line from the Missouri River to
the Pacific Ocean, and to secure to the government the use of the same for* postal, mili-
tary, and other purposes,' 1 approved July first, eighteen hundred and sixty-two, and to
amend an act amendatory thereof, approved July second, eighteen hundred and sixty-
four. March 8, 1865, ch. 88 604

Postal Lam. An act relating to the postal laws. March 8, 18(55, ch. 89. . . ♦ 504

LIST OF THE PUBLIC ACTS OF CONGRESS, xvn

Page

Freedmen and Refugees. ,An act to establish a bureau for the relief of freedmen and refugees.

March 8, 1865, cn. 90 607

National Military and Naval Asylum. An act to incorporate a national military and naval asy-
lum for fiie relief of the totally disabled officers and men of the volunteer forces of the
United States. March 8, 1865, ch. 91 • ♦ 609

Freedman*s Savings and Trust Company* An act to incorporate tike Freedman's Savings and Trust

Company. March 8, 1865, ch. 92 ; 510

Subsistence Department. An act for the better organization of the subsistence department

March 8, 1866, ch. 98..,.. 618

Inspectors of Steamboats. An act to provide for two assistant local inspectors of steamboats in the
city of New York, and for two local inspectors at Galena, Illinois, and to reestablish the
board of local inspectors at Wheeling ; and also to amend the act approved June eighth,
eighteen hundred and sixty-four, entitled "An act to create an additional inspector of
steamboats for collection districts' of Memphis and Oregon, and for other purposes."
March 8, 1866, ch. 94 614

Opinions of the Attorneys-General. An act to provide for the publication of the opinions of the

Attorneys-General of the United States. March 8, 1866, ch. 95 514

Carrying the Mails, An act to remove all disqualifications of color in carrying the malls. March

8, 1865, ch, 96 * . 515

Post-Office Department. An act relating to the clerkships in the Post-Office Department. March

8,1866\ch.97 615

Attorney-General's Office. An act amendatory of the acta relative to the Attornej-General's

office, and to fix the compensation of his assistant and clerks. March 8, 1866, ch. 98. . . 516

Wagon-Roads. An act to provide for the construction of certain wagon-roads in the territories

of Idaho, Montana, Dakota, and Nebraska. March* 8, 1865, ch. 99 616

Coinage of Three-cent Pieces. An act to authorize the coinage of three-cent pieces, and for other

purposes. March 8, 1865, ch. 100 • 517

Fees of Custom-house Officers. An act to regulate the foes of custom-house officers on the north-
em, northeastern, and northwestern frontiers of the United States. March 8, 1865, ch.
101 518

Land-Grant to Michigan. -An act granting Jand to the State of Michigan, to aid in building a
harbor and snip-canal at Portage lake, Kawenaw Point, Lake Superior. March 8, 1865,
ch.102. T. 619

Extension of Time for completing certain Railroads. An act to extend the time for the completion *
of certain railroads to which land-grants have been made in the States of Michigan and
'Wisconsin. March 8, 1865, ch. 108 520

Post-Roads. An Act to establish certain post-roads. March 8, 1865, ch. 104 622

Extension of Time for completing certain Railroads* An act extending the time for the completion
of certain land-grant railroads in the States of Minnesota and Iowa, and for other pur-
. poses. March 8, 1866, ch. 106 . 526

Depositions in Criminal Cases in the District of Columbia. An act to regulate N fche taking of deposi-
tions in certain cases. March 8, 1865, ch.*106., 528

Coal lands. An act supplemental to the act approved first July, eighteen hundred and sixty-
four, "for the disposal of coal lands and or town property, in the public domain." March
8, 1865, ch. 107 . 529

Land-Grant to Michigan. An act to amend an act entitled "An act to amend an act entitled 'An .
act making a grant of alternate sections of public lands to the State of Michigan, to aid
in the construction of certain railroads in said state, and for other purposes/ " March 8,
1865, ch. 108 580

Patents fir Lands in Stockbridge, Wisconsin. An act to authorize the issuing of patents for certain -
' lands in the town of Stockbridge, State of Wisconsin, and for other purposes. March 8,
1865, ch. 109 680

Quieting of Land- TWes. An act to quiet titles in favor of parties in actual possession of lands

situated in the District of Columbia. March S> 1865, ch, 110. 681

Verification of Invoices. An act further to provide for the verification of invoices. March 8,

1865, ch. Ill 682

Copyrights for Photographs. An act amendatory of "An act to amend an act entitled 'An act to '
promote the progress of the useful arts/ approved March three, eighteen hundred and
sixty-three." March 8, 1865, ch. 112 588

Witnesses in Courts of the United States. An act to amend the third section of an act entitled
w An act making appropriations for sundry civil expenses of the government for the year
ending the thirtieth day of June, eighteen hundred and sixty-five, and for other pur-

xvffi LIST OP THE PUBLIC RESOLUTIONS OP CONGRESS.

_ . . _ „ *«9*

poses," so far as the same relates to witnesses in the courts of the United States. March
8, 1865, ch. 118 688

Naval Observatory. An act in relation to the Naval Observatory. March 8, 1866, ch. 114 688

Ex-Mission of San Jose* An act for the relief of the occupants of the lands of the ex-mission of

San Jose; in the State of California. March 8, 1866, ch. 116 684

Kansas. An act to enable the accounting officers of the treasury to settle .the claim of the State

of Kansas. March 8, 1866, ch. 116 * 686

Mackerel Fisheries* An act to extend the provisions of the first section of " An act for the
government of persons in certain fisheries/' approved June nineteenth, eighteen hundred
and thirteen. March Z, 1866, ch. 117. . /. 685

Colored Union Benevolent Association. An act to incorporate the Colored Union Benevolent Asso-
ciation. March 8, 1866, ch. 118 685

Metropolitan Railroad Company. An act to amend an act entitled "An act to incorporate the

Metropolitan Railroad Company in the District of Columbia." March 8, 1866, ch. 119.. 686

Continental Hotel Company. An act to incorporate the Continental Hotel Company of the city

of Washington. March 8, 1866, ch. 12k .............. 687

Juvenile Offenders. An act providing for the confinement of juvenile offenders against the laws

of the United States in houses of refuge. March 8, 1866, chr 121 §88

Appropriation to pay Settlers in Hoopa Valley for Hair Improvements on the Indian Reservation* An
act to amend an act entitled "An act to provide for the better organization of Indian
affiurs in California." March 8, 1866, ch. 122 * 638

Wharf at Bath. Maine. An act authorizing the Secretary of the Treasury to lease or sell certain

property of the United States at JBath, in the State of Maine. March 8, 1866, ch. 128. . . 689

Midshipmen in the Navy. An act to increase the pay of midshipmen and others. March 8,

1866, ch. 124 689

Capitol Hotel Company. An act to incorporate the " Capitol Hotel Company/ 1 in Washington

City, District of Columbia. March 8, 1866, ch. 126 * 689

Copyright. An act supplemental to an act entitled " An act to amend the several acts respecting
copyright," approved February 8d, 1881, and to the acts in addition thereto and amend-
ment thereof. March 8, 1865, ch. 126 640

Indian Appropriation. An act making appropriations for the current and contingent expenses
of the Indian department, and for fulfilling treaty stipulations with various Inditfn tribes
for the year ending thirtieth June, eighteen hundred and sixty-six, and for other purposes.
March 8, 1865, ch. 127 641

PUBLIC BESOLUTIONS.

[No. 1.] Contingent Fund. Joint resolution authorizing the Secretary of the Navy to expend
a portion of the contingent rand for enlarging the Navy Department building. Decem-
ber 15, 1864 , 665

(No. 8.] Thanks of Congress to Captain John A. Winshw and others. A resolution tendering the
thanks of congress to Captain John A. Wra&low, United States navy, and to the offi-
cers and men under his command on board the United States steamer Kearsarge, in the
conflict with the piratical craft the " Alabama" ; in compliance with the President's
recommendation to congress of the fifth of December, eighteen hundred and sixty-four.
December 20, 1864 665

[No. 4.] Thanhs to Lieutenant Gushing and others. A resolution tendering the thanks of con-
gress to Lieutenant William B* Cashing, ox the United States navy, and to the officers
and men who assisted him in his gallant and perilous achievement in destroying the .
rebel steamer " Albemarle/' in compliance with the President's recommendation to con*
gress of the fifth of December, eighteen hundred [and] sixty-four, December 20, 1864. . . 666

[No. 5.] Thanks to Major-General Sherman and others. Joint resolution tendering the thanks
of the people and of congress to Major-General William T. Sherman and the officers
and soldiers of his command for their gallant conduct in their late brilliant movement

through Georgia. January 10, 1865 665

[No. 6.] Reciprocity Treaty. Joint resolution providing for the termination of the reciprocity
treaty of fifth June, eighteen hundred and fifty-four, between the United States and
Great Britain. January 18, 1868 . 666

[No. 7.] Thanks, #c., to General Terry and others. A resolution to present the thanks of con-
gress to Brevet Major-General Alfred H. Terry, and the officers and men under his com-
mand. January 24, 1865 666

LIST OP THE PUBLIC RESOLUTIONS OP CONGRESS. . x\x

[No. 8.] Thanks, £c of Congress to Admiral Porter and others. A resolution tendering the thanks
of congress to Kear-Admiral David D. Porter, and to the officers, petty officers, seamen*
and marines under his command, for their gallantry and good conduct in the recent cap-
ture of Fort fisher. January 24, 1866 566

[No. 9J[ Merchants? Exchange, New York. Joint resolution authorizing the Secretary of the
Treasury to give the necessary notice stipulated pending the intention of the United
States to purchase the building known as Merchants' Exchange, New York city, now
used for custom-house purposes. January 25, 1865 567

[No. 10.] Mineral Lands. Joint resolution reserving mineral lands from the operation of all
acts passed at the first session of the thirty-eighth Congress, granting lands, or extend-
ing the time of former grants. January 80, 1865 • 567

[No. 11.] Amendment of the Constitution. A resolution submitting to the legislatures of the
several states a proposition to amend the constitution of the United States. February
1,1865 t 567

[No. 12.] Electoral College* Joint resolution deckling certain states not entitled to representa-
tion in the electoral college. February 8, 1865. , 567

[No. 18.] Naval Force on the Lakes, Joint resolution to terminate the treaty of eighteen hun-
dred and seventeen, regulating the naval force on the lakes* February 9, 1865 568

[No. 14.] Thanks, #c., to General Sheridan and others. Joint resolution tendering the thanks of
congress to Major-General Philip JEL Sheridan and the officers and men under his com*
mand. February 9, 1866 : 668

[No. 15.] Congressional Directory. A resolution providing for the compilation of a Congres-
sional Directory at each session. February 14, 1865. . . 668

[No. 16.J Smithsonian Institution. A resolution appointing General Richard 3>elafleld to be a

regent of the Smithsonian Institution. February 14, 1865. 660

[No. 17.] Railroad Grants. A resolution to extend the time for the reversion to the United
States of the lands granted by congress to aid in the construction of a railroad from Pere
Marquette to Flint, and for the completion of said road. February 17, 1866 569

[No. 18.] Branch-Mint at Carson £%. Joint resolution to enable the Secretary of the Treasury
to obtain the title to certain property in Carson City and State of Nevada, for the pur-
poses of a branch-mint located in said place. February 28, 1865. 569

[No. 19.] Support of recaptured Africans, Joint resolution to facilitate the adjustment of certain
accounts of the American Colonization Society for the support of recaptured Africans in
Liberia. February 23, 1865 \ 669

[No. 20.] The Schooners "Minnie Williams" and "E. M. Baxter/* Joint resolution directing
the Secretary of the Treasury to issue American registers to British schopnexs "Minnie
Williams " and " B. M. Baxter." February 28, 1865. 670

[No. 28.1 Distribution of Boohs and Documents. Joint resolution in relation to the distribution

of books and documents. February 28, 1865 670

[No. 24.] Army Register. Joint resolution to provide for the publication of a full Army Reg-
ister. March 2, 1866. 670

[No. 26.] Picture Jar the Capitol. Joint resolution authorizing a contract with William H.

Powell for a picture for the Capitol. March 2, 1865 .• 670

[No. 27.1 Disabled and discharged Soldiers. A resolution to encourage the employment of disa-
bled and discharged soldiers. March 8, 1865 671

[No. 28.] Thanks to Major-General Thomas and others* Joint resolution of thanks to Major-Gen-
eral George H. Thomas and the army under his command. March 8, 1865. 671

[No. 29.1 Enlistments encouraged. A resolution to encourage enlistments and to promote the

efficiency of the military forces of the United States. March 8, 1866 671

[No. 80.] Inventories. A resolution to authorize and direct an inventory of articles In the quar-
termaster's depots of the United States, and in the possession of the naval storekeepers
of the United States* March 8. 1865 571

[No. 81.] International Exhibitions. A resolution relating to international exhibitions at Bergen
in Norway, and Oporto in Portugal, during the summer of eighteen hundred and sixty*
five. March 8, 1865. 672

{No. 82.] Paper for Public Pruning. Joint resolution to amend the joint resolution entitled
" Joint resolution in relation to the public printing/' approved June twenty-third, eigh-
teen hundred and sixty March 8,1865... 672

[No. 88.J Inquiries concerning Indian Tribes. A resolution directing inquiry into the condition
of the Indian tribes, and their treatment by the civil and military authorities. March 8,
1865 672

LIST OP THE PUBLIC RESOLUTIONS OF CONGRESS.

Page

[No. 81] BurUtwton and Missouri Bxoer Boukoad* A resolution to extend the time for con-
structing the Burlington and Missouri River BaUroad in Iowa, and filing a map of re-lo-
cation. March 8> 1866. * 578

[No. 85.] Pac{fic BaUroad Map* and Documents* A resolution transferring maps and other
documents relating to the surreys of the Pacific BaUroad to the Department of the In-
terior. March 8, 1866. 678

[No. 86.1 Madison Papers* A resolution respecting the publication of the papers of James

Madison. March 8, 1866 * * 578

[No. 87.] Postal Service, A resolution to purchase mail-pouches or boxes of Marshall Smith's
patent, for the postal service, and for other purposes. March 3, 1865. 674

LIST

OF THE

PBIVATE ACTS AND RESOLUTIONS

OF CONGRESS
CONTAINED IN THIS VOLUME.

%tte of tt)t SLljtrto^tgljtl) (ffongrfaa of % fintteir 0tate0.

STATUTE L— 1868-4

Zfr&feft Sfefower Gfen. An act to indemnify the owners of the British schooner Glen.
February 18, 1884, ch. 10 576

Noah WiswaWs Bars. An act for the relief of the heirs of Noah WiswalL February 22, 1864,

ch.12 675

Paymaster Edward C. Doran 9 s Accounts. An act to authorize the settlement of the accounts of

Paymaster B. C. Doran. March 8, 1864, ch. 19 *. 575

John H. Shepherd and Walter K. Caldwell* An act for the relief of John H. Shepherd and

Walter E. Caldwell, of Missouri, March 8, 1864* ch. 25 , 576

L. F. Cartee. An act for the relief of I#. F. Cartee. March 8, 1864, ch. 26 676

John Dickson. An act for the benefit of John Dickson, of Illinois. March 11, 1864, ch. 29 ... .577
John L. Burns* An act granting a pension to John Xi. Burns of Gettysburg, Pennsylvania.
March 14, 1864, ch. 82 677

The French Ship La Mancke. An act for the relief of the owners of the French ship La Mancbe. *
March 2£ 1864, ch. 88 577

E. F. and Samuel A. Wood* An act for the relief of E. F. and Samuel A. Wood. March 28,

1864, ch. 48 577

Israel C. Waifs Representatives. An act in favor of the legal representatives of Israel C. Wait.

March 28, 1864, ch. 44 677

Darnel Warmer. An act for the relief of Daniel Wormer. April 9, 1864, ch. 55 ♦ . . *. 678

Darius S. Cole* An act for the relief of Darius S. Cole. April 9, 1864, ch, 66 578

William G. Brown* An act for the relief of William G. Brown-. April 9, 1864, ch. 67 579

Joseph Ford. An act confirming the title of Joseph Ford to certain lands in Rise County, in the

State of Minnesota. April 19, 1864, ch. 62 679

William G. Walker and Others, Payments 0. An act for the relief of William C. Walker and

others. May 8, 1864, ch. 75. 579

Jesse Williams, Land Patent to issue to. An act for the relief of Jesse Williams. May 8, 1864,

ch.76 679

Asahel Bush. An act to authorize the -settlement of the accounts of A. Bush, late public printer

for the Territory of Oregon. May 16, 1864, ch. 87 /. 580

Margaret M. Stafford, Pension to. An 'act for the relief of Margaret M. Stafford, widow of

Reuben Stafford, of Coshocton County, Ohio. May 19, 1864, ch. 90 680

Charles L. Nelson, Payment to. An act for the relief of Charles L. Nelson. May 19, 1864, ch. 91680
Julia A. Ames, Pension to. An act for the relief of Julia A. Ames. May 28, 1864, ch. 100 680

Frederick A. Beeten, Payment to. An act for the relief of Frederick A. Beelen, late secretary of

legation to Chili. June 2, 1864, ch. 105 680

Warren W. Green, Payment to. An act for the relief of Warren W. Green. June 7, 1864, oh. 112 581
Rhoda Wokott, Pension to. An act for the relief of Bhoda Wolcott, widow of Henry Wolcott.

June 20, 1864, ch. 146 ..: 581

Isaac Allen. An act to increase the pension of Isaac Allen. June 26, 1864, ch. 161 581

Joseph Bunot and Others, Lands in Missouri released to. An act concerning certain locations of

lands in the State of Missouri. June 80, 1864, ch. 186 .'. 581

WUHam P. Bkhner, Payment to. An act for the relief of Lieutenant William F. Richner,

seventy-seventh regiment Ohio volunteer infantry. June 80, 1864, ch. 187 582

B> F. Kendall, Allowance in Settlement of Accounts of. An act for the relief of the estate of B. F.

Kendall. June 80, 1864, ch. 188 582

ffcehard Jfftch. An act to authorize the Secretary of the Interior to Issue a land warrant to

Richard Fitch of Ohio. July 1, 1864, ch. 206 582

«• . - . _

LIST OP THE PRIVATE ACTS OF CONGRESS.

Page

George F. Nesbitt, Contract with Government. An act for the relief of George I\ Nesbitt July 1,

1864, ch.207 ....688

Ida Bojman, Pension to. An act for die relief of Ida Hoffman. July 1, 1864, ch. 208 583

Richard G. Murphy, Payment to. An act for the relief of Richard G. Murphy. July % 1864.

ch.227 ......7. , 688

C. A. Haun, Pension to. An act for the relief of the widow of C. A. Haun. July % 1864, ch. 228 688

John Williams, Payment to. An act for the relief of John Williams. July 2, 1864, ch. 229 688

Major N. S. Brenton, Allouxznce to, m settlement of Accounts. An act for the relief of Major N. S.

Brenton* a paymaster in the United States army. July 2, 1864, ch. 230 684

William Sawyer and others. An act for the relief of William Sawyer and others, of the State of

Ohio. July 2, 1864, ch. 28 684

Martha Jane Skaggs, Pension to. An act for the relief of Martha Jono Skaggs. July % 1864,

ch. 282 , , 686

Eliza Cass Woodbridge, Pension to. An act for the relief of Eliza Cass Woodbridge, July 2,

1864, ch. 288 .7!.....:... 685

Trustees of Blue Mont College. An act to amend an act entitled " An act to enable the trustees
of the Blue Mont College to preempt a certain quarter-section of land/ 1 approved, March
two, eighteen hundred and sixty-one. July 2, 1864, ch. 284 : 68b

Sarah Robinson. An act for the relief of Sarah Robinson, widow of Hon. John L. Robinson,

late United States marshal for the district of Indiana, July 2, 1864, ch. 286 685

Dr. Charles M. WetheriU, Payment to. An act for the relief of Dr. Charles M. WetheriU. July

2, 1864, ch. 286 * 6 g5

John C. McConnell, Payment to. An act for the relief of John C. McConnell. July % 1864, ch.

254 ; 686

Borace Gates, Pension to. An act for the relief of Horace Gates. Juiy 4, 1864, oh. 255 535

Richard G. Murphy, Payment to. An act for the relief of Richard O. Murphy. July 4, 1864,

ch.256 ggg

PRIVATE RESOLUTIONS.

[No. 18.] Commander Abner Read. Joint resolution authorizing payment of prize money due
to Commander Abner Read, U. S* navy, to his widow, Constance Read. February 29,
1864 .» 687

[No. 19.J J. N. Carpenter. Joint resolution authorizing the settlement of tbe accounts of J.

N. Carpenter, a paymaster in the United States navy. March 16, 1864 687

[No, 88.] Green Clay Goodloe. Joint resolution relating to Green Clay Goodloe. May 20, 1864 687.
[No. 84.] J. R. Clark Ch. Joint resolution referring the claim of J. H, Clark & Co. to the

court of claims. May 26, 1864 687

[No. 86.] James Keenan. Joint resolution to settle the account of James Keenan, late consul

at Hong Kong, China. June 2, 1864 688

[No. 87.1 William Wheeler Bubbell. Joint resolution relative to the claims and letters-patent

of William Wheeler Hubbell. Jane 8, 1864 688

[No. B Matchett. A joint resolution for the relief of Rev. W. B. Matchett June 20,

[No. 48.] Morris. S. Milter. Joint resolution for the relief of Major Morris S. Miller, of the

quartermaster's department June 26, 1864 689

[No. 52.] W. B. Matchett. Joint resolution to declare the construction of a joint resolution for
the relief of W. B. Matchett, approved, June twenty, eighteen hundred and sixty-four.
June 28, 1864 * 589

[No. f&^Mary Kellogg, Pension to. Joint resolution for the relief of Mary Kellogg. June 30,

[No. 64J Benry W. Diman. A resolution providing for adjustment of the accounts of Henry

W. T>iman. July 1, 1864. 690

[No. 66.] Carlisle Doble. A resolution for the relief of Carlisle Do We. July 1, 1864 590

[No. 69.1 Daniel ffebard and others. Joint resolution authorizing the settlement of the accounts
of the late Captain Daniel Hebard, of the United States volunteers, and of other officers.
July % 1864 690

[No. 70.1 John S* Phelps. Joint resolution to settle and pay the accounts of John S. Phelps, of

Missouri, as a member of the thirty-seventh congress. July % 1864 590

[No* 71.] Thomas J, Galbraith. Joint resolution for the relief of Thomas J. Qalbraith. July

2, 1864. 691

[No. 72.1 Naham Ward. Joint resolution to refer the claim of Naham Ward back to the court

of claims. July 2, 1864 691

[No. 78.] Anthony Sweeting. Joint resolution authorising the Secretary of the Navy to settle
and pay the claim of Anthony Sweeting, 4ate pilot of the United States steamer " Juni-
ata.* Jnly2,1864 501

[No. 74.] Alexander Cross. Joint resolution for the relief of Alexander Cross. July 2, 1864. . 691

LIST OF THE PRIVATE ACTS OP CONGRESS.

STATUTE H.— 1864-5.

Page

William H.Jameson. An act for the relief of William H. Jameson, a paymaster in the United

States army. Bee. 20, 1864, eh. 4 698

George W. Murray. An act for the relief of George W. Murray. Dec. 20, 1864, ch. 6 608

Deborah Jones. An act for the relief of Deborah Jones. Dec 21, 1864* ch. 7 698

Charles M. Pott, An act for the relief of Charles M. Pott Dec 22, 1864, ch. 10 *. 694

Charles Anderson. An act for the relief of Charles Anderson, assignee of John James, of Texas.

Jan. 18, 1866, ch. 14 , 694

George Mowry. An act for the relief of George Howry* Jan. 18, 1866, eh. 16 694

Jacob Weber. An act for the relief of Jacob Weber. Jan. 20, 1866, ch. 17 594

Emily A. Lyon. An act for the relief of Emily A. Lyon. Jan. 24, 1866, ch. 21 594

Isaac R. DUler. An act for the relief of Isaac B. Diller. Jan. 80^1885, ch. 27 696

Mary Scales Accardi. An act for the relief of Mary Scales Accaxtfc Jan. 80, 1865, ch. 28. . . . 696

Louis Roberts. An act for the relief of Louis Roberts. Feb. 9, 1866, ch. 81 595

Solomon Wadsworth. An act for the relief of Solomon Wadsworth. * Feb. 18, 1866, ch. 88.... 595

Alexander J. Atocha. An act for Che relief of Alexander J. Atocha. Feb. 14, 1866, ch. 86 . * ♦ ♦ 595

Almond D. Fisk. An act for the relief of the heirs of Almond D. Fisk, deceased. Feb. 17,

1866, ch 40 696

Eenry A. Brigham. An act for the relief of Henry A. Brigham. Feb. 20, 1866, ch. 44 596

George A. Schreiner. An act for the relief of George A. Schreiner. Feb. 28, 1866, ch. 61 696

Harriet and Emily W. Morris. An act for the relief of Harriet and Emily W. Morris, unmar-
ried sisters of the late Commodore Henry W. Morris. Feb. 26, 1866, ch. 60 697

Dorsey Edwin William Towson. An act to change the name of Dorsey Edwin William Towson,
of Georgetown, in the District of Columbia, to that of Dorsey Edwin William Carter.
Feb. 26, 1866, ch. 61 697

Mary ShMiff. An act for the relief of Mary Shircliffl Feb. 25, 1886, ch. 62 597

Rebecca S. Harrison. An act for the relief of Bebecca S. Harrison. Feb. 25, 1865, ch. 68 597

Five surviving Soldiers of the Revolution. An act to pay to each of the surviving soldiers of the
Revolution, five in number, whose names are on the pension roll, three hundred dollars
annually, as a gratuity, in addition to the pension now paid them. Feb. 27, 1866,
ch.66 597

Chopin Hall. An act for the relief of Chapin Hall. Feb. 27, 1866, ch. 68 698

Charles A. Pitcher. An act for the relief of Charles A. Pitcher. March 8, 1866, ch. 128. 598

Sophia Brooke Taylor. An act granting a pension to Sophia Brooke Taylor, widow of the late

Major Francis Taylor. March 8, 1866, eh. 129. ; 698

W. H. and C. S. Duncan. An act for the relief of W. H. and C. S. Duncan. March 8, 1866,

ch. 180 699

Samuel L. Gerould. An act for the relief of Samuel L. Gerould. March 8, 1866, ch. 181 699

John Hastings. An act for the relief of John Hastings, collector of the port of Pittsburg.

March 8, 1866, ch. 182 599

Mary A. Baker. An act for the relief of Mary A. Baker, widow of Brigadier-General Edward

D.Baker. March 8, 1866, ch. 188. 699

Ellen if. Whipple. An actgrantlng a pension to Ellen M. Whipple, widow of the late Major-

General Amiel W. Whipple, of the United States army. March 8, 1865, ch. 184 599

Eliza Berry. An act granting a pension to the widow of the late Major*General Hiram G.

Berry. March 8, 1866, ch. 185 $00

Ezekid Darting. An act granting a pension to Ezekiel Darling. March 8, 1866, ch. 186. qqq

Jean M. Lander. An act for the relief of Jean M. Lander, widow of F. W. Lander, deceased.

March 8, 1865, ch. 187 * 600

Thomas Booth. An act granting a pension to Thomas Booth. March 8, 1865, ch. 188. 600

Elizabeth B. Leppien. An act granting a pension to Elizabeth B. Leppien. March 8, 1865.

ch. 189 600

Rachel Mills. An act granting a pension to Bachel Mills, widow of Peter Mills, deceased, late a

Major in the United States army* March 8, 1865, ch. 140 601

Beniamin Vreeland. An act for the relief of Benjamin Vreeland, surgeon' in the navy of the

United States. March 8, 1865, ch. 141.17. * I. 601

Jtxir ' LIST OP THE PBIVATE BESOLUTIONS OF CONGRESS*

PRIVATE RESOLUTIONS.

Page

[No. 2.1 Money to be paid Henry C. De Ahna. Joint resolution authorizing the Secretary of
the Treasury to dispose of certain moneys therein mentioned. Dec. 16, 1864 608

[No. 21.] Daniel Cottett, Jr. Joint resolution in the matter of Sergeant Daniel Collett, Jr., de*

ceased. Feb. 25, 1865. 608

[No. 22.] James 2*. Royce. A resolution for the relief of James B. Royce. Feb. 25, 1865 608

{No. 26.] Pad S. Forbes, Joint resolution authorising the Secretary of the Navy to advance to
Paul S. Forbes two hundred and fifty thousand dollars additional out of the sum to be
paid him under his contract for building a steam screw sloop-of-war. March 2, 1865. . . 604

[No. 88.1 Lucy A* I&ce. A resolution for the relief of Mrs. Lucy A. Rioe, late of Richmond,

Virginia, liarch 8, 1865 504

[No. 89.] Henry S. SteUwagen. A resolution authorizing the acceptance of a sword of honor
from the government of Great Britain, by Captain Henry S. Stellwagen, of the United
States navy* March 8, 1865 $04

(No. 40.1 Garrett R. Barry* A resolution for the relief of Garrett R. Barry, a paymaster in the

United States navy. March 8, 1865 304

LIST

07 XHB -

TREATIES CONTAINED IN THIS VOLUME.

Denmark* Additional articles to tiie General Convention of Friendship, Commerce* and Navi-
gation. Juty 11,1861.... 605

Ottoman Empire. Treaty of Commerce and Navigation. February 25, 1862 609

Kickapoo Indians. Treaty with. June 28, 1862 : 628

Ecuador. Convention with, for the mutual adjustment of claims. November 25, 1862, .«.*. . 681

Peru. Convention with, in regard to claims upon, for the Capture of the " Lizzie Thompson "

and " Georgian*/' December 20, 1862 . 685 .

Peru. Convention with, in regard to claims. January 12, 1868 685

Cheat Britain. Additional article to the treaty for the Suppression of the Slave-trade. Feb-
ruary 17, 1868 7 ; ^ 645

Belgium. Convention with, to. complete by new stipulations the treaty of Commerce and Navi-
gation with, of July 17, 1858. May 20, 1868 . . 647

Great Britain. Treaty with, for the final settlement of the claims of the Hudson's Bay and

Puget's Sound Agricultural Companies. July 1, 1868. 651

Bdgium. Treaty with, for the extinguishment of the Scheldt Dues. Jnty 20, 1868 655

Northwestern Bands of Shoshone* Indians. Treaty with. July 80, 1868 668

Chippewa Indians. Supplementary articles to the treaty with the Bed Lake and Pembina

bands of Chippewa Indians. October % 1868 667

Tabeguache Band of Utah Indians. Treaty with. October 7, 1868 678

Shoshonee-Goship Bands of Indians. Treaty>witfc. October 12, 1868 . 681

Colombia. Convention, extending time for the termination of the commission on claims. Feb-
ruary 10, 1864 685

Chippewa Indians. Supplementary articles to the treaty with the Bed Lake and Pembina

bands of Chippewa Indians. April 12, 1864 689

Vhippewas of the Mississippi and PiUager and Lake Winnebagoshish Bands of Chippewa Indians in .
Minnesota. Treaty with. May 7, 1864 698

*

Honduras. Treaty of Friendship, Commerce, and Navigation. July 4, 1864 699

Hayti. Treaty of Amity, Commerce, and Navigation, and for the Extradition of Fugitive

Criminal. November 8, 1864< 77. ♦ .7TT.,. 711

APPENDIX.

PROCLAMATIONS AND EXECUTIVE ORDERS.

Page

No. 1. Making all rebels and insurgents, and their aiders and abettors subject to martial law,

and suspending the writ of habeas corpus in certain eases. . ♦ / 780

No. 2. Revoking exceptions in proclamation of August 16, 1861. April 2, 1868 780

No. 8. Act admitting West Virginia as a state to he in force. April 20, 1868. ,.. . 781

No. 4. Plea of alienage not to be allowed to avoid military duly in the case of certain per*

sons. May 8, 1868 , j 782

No. 5. Calling for one hundred thousand militia for six months 1 service, .from Maryland,

Pennsylvania, Ohio, and West Virginia. June 15, 1868 788

No. 6. Appointing a day of National thanksgiving, praise, and- prayer. July 16, 1868 783

No. 7. Suspending the privileges of the writ of habeas corpus. September 1$, 1868 784

No. 8. Permitting commercial intercourse with Alexandria, under certain restrictions. Sep-
tember 24, 1868. t 786

No. 9*. Appointing a day of thanksgiving and praise. October 8, 1868 785

No. 10. Calling for three hundred thousand men to serve for three years, or the war. Octo-
ber 17, 1868 * 786

No. 11. Granting pardon to those in rebellion, upon conditions,, and excepting certain persona.

December 8, 1868 787

No. 12. Declaring the discontinuance of discriminating duties of tonnage and impost, as

respects vessels of Nicaragua* December 16, 1868 • 789

No. 18. Declaring that the blockade of Brownsville, Texas, shall cease, so far that, &c. Feb-
ruary 18, 1»B4 . 740

No. 14. Declaring that the amnesty proclamation does not apply to persons in custody.

March 28^864 : 741

No. 15. Kevokmg the exequatur of Charles Hunt, consul of Belgium at St Louis, Missouri.

May 19,1864 : 741

No. 16. Suspending the writ of habeas corpus and establishing martial law In Kentucky.

July 5, 1864...;..... 742

No. 17. Appointing a day of National humiliation and prayer. July 7, 1864 748

No. 18. Declaring the opinions of the President of the United States as to the plan of restora- -
tion of the States in rebellion. July 8, 1864 744

No. 19. Calling for five hundred thousand volunteers for Hie military service, and ordering

draft for the quotas unfilled after fifty days. July 18, 1864 747

No^ 20. Proclaiming Newport, Vermont, a port entitled to all privileges in regard to exporta-
tion of merchandise in bond. August 18, 1864 .\ .* 748

No. 21. Appointing the last Thursday of November a day of thanksgiving and praise. Octo-
ber 20, 1864 * ;..77.*„.:.\ 749

No. 22. Declaring Nevada admitted into the Union. October fcl, 1864 749

No. 28. Permitting commercial intercourse with Norfolk, Fernandina, and Pensacola. Novem-
ber 19,1864.» 750

No. 24. Calling for three hundred thousand volunteers. December 19, 1864 750

No. 25. Proclaiming St Albans, Vermont, a port entitled to all privileges in regard to expor-
tation of merchandise in bond. January 10, 1865 751

PROCLAMATIONS AND EXECUTIVE ORDERS* xsvii

Page

No. 26. Convening an extraordinary session of the Senate on March 4tn, 1865 752

Kov 27. Ordering deserters to return, and offering pardon. March 11, 1865. 762

No. 28. Directing the arrest of those who furnish arms, &a, to hostile Indians withjn the

United States. March 17, 1866 763

No. 29. Declaring certain ports in States lately in rebellion to be closed, as the blockade has

been relaxed. April 11, 1865 768

No. 80. Declaring that the port of Key West Is to remain open. April 11, 1865 764

No. 81. Relating to reciprocal hospitalities to vessels of war, April 11, 1865 764

No. 82. Appointing the 26th of May a day of National humiliation and mourning. April 25,

1865 755

No. 88. Postponing the day of mourning to 1st June. April 29, 1865 766

No. 84 Offering rewards for the arrest of Jefferson Davis and others for conspiring to pro-
cure the murder of Abraham Lincoln. May 2, 1865 . 756

No. 85. Ordering the arrest of insurgent cruisers, and declaring that hospitalities shall he
refused to the public vessels of those nations showing hospitalities to such cruisers.
May 10,1865 . 767

No. 88. Declaring ports formerly closed to be open ; disallowing belligerent rights and remov-
ing certain restrictions on trade. May 2$ 1865 767*

No. 87* Granting pardon and amnesty, except, &c May 29, 1865 758

No. 88. Reorganizing a Constitutional Government in* North Carolina. May 29, 1865 760

No. 89. Reorganizing a Constitutional Government in Mississippi. June 18, 1865 761

No> 40. Removing restrictions on trade east of the Mississippi River. June 18, 1865 768

No. 41. Reorganizing a Constitutional Government in Georgia. June 17, 1865 784

No 42. Reorganizing a Constitutional Government in Texas. June 17, 1866 765

No. 48. Reorganizing a Constitutional Government in Alabama: June 21, 1865. 1 767

No. 44. Rescinding the blockade and declaring its purposes. June 28, 1865 768

No.' 45. Removing restrictions on trade west of the Mississippi River. June 29, 1865 769

No. 46. Reorganizing a Constitutional Government in South Carolina. June 80, 1865 769

No. 47. Reorganizing a Constitutional Government in Florida. July 18, 1865 771

No. 48. Removing all restrictions on trade. August 29, 1865 772

No. 49. Declaring martial law no longer in force in Kentucky. October 12, 1865 778

No. 60. Appointing 7th December a day of National thanksgiving. October 28, 1866 v 778

No. 51. Revoking the suspension of the Writ of habeas corpus, except in certain states and

territories and in the District of Columbia. December 1, 1865. 774

*

No. 62. Certifying that the Amendment to the Constitution of the United States prohibiting
slavery has been ratified by the Legislatures of the requisite number of States, and has
become valid as a part of the Constitution. December 18, 1865 774

EXECUTIVE ORDERS.

Respecting soldiers absent without leave. March 10, 1868 775

Offering rewards for the arrest of felons from foreign countries committing felonies in the

United States. April 10,1865 776

Removing all restrictions on trade. April 29, 1865 776

Reestablishing toe authority of the United States in Virginia. May 9, 1865 x 777

Directing all claims for reward for the arrest of Booth and others, to be presented by January

1, 186?, November 24, 1865 ; . t 778

PUBLIC ACTS OF TEE THIRTY-EIGHTH CONGRESS

OF TBB

UNITED STATES,

Passed at the first session, which was begun and held at the Oty of Wash*
ington, in the District of Columbia, on Monday, the seventh day of
December, A* D. 1868. and ended on Monday,' ike fourth day of July,
A.D. 1864.

Abraham Lincoln, President Hannibal Hamlin, Vice-President
and President of the Senate* Daniel Clark was elected President
of the Senate, pro tempore, on the twenty-fifth day of April, and
s6 acted until the end of the session* Schuyler Colfax, Speaker
of the House of Representatives.

Chap* L — An Act declaring the Assent of Congress to an Act of the Legislature of the Jan. 16, 1864.

State of HUnois, therein named. 1865, ch, 41*

Be it enacted by the Senate and Souse of Representatives of the United p<**,p.48l.
States of America in Congress assembled, That the consent of congress The city of
is hereby given to the operation of' die eleventh section, chapter fifteen, S^fjLSIn the
of the act of the general assembly of the State of Illinois, approved navig&ble waters
February thirteenth, eighteen hundred and sixty-three, entitled u An act of Laks Michi-
to reduce the charter of the city of Chicago, and the several acts amenda- SSedu^i^.
tory thereof, into one act, and* to revise the same," — which section is as
follows: * Said city shall have the power to extend aqueducts or inlet-
pipes into Lake Michigan, so far as may be deemed necessary to insure
a supply of pure water, and to erect a pier or piers in the navigable wa-
ters of said lake, for the making, preserving, and working of said pipes
or aqueducts: Provided, That such piers shall be furnished with a beacon- Piers to be
light, which shall be lighted at all such seasons and hours as die light on %hte&
the pier at the entrance of Chicago river* 9

Approved, January 16, 1864

Chap. JL~AnAct to authorize the President to appoint a Second Assistant Secretary Jan, IS, 1864.

<f W<*' 1865, ch. 41.

Be U enacted by tfre Senate andBbtt& of Representatives <*f the United \ &*v>4SL
States of America in Congress assembled, That the President be and he Second asrfst-
is hereby authorized to appoint, by and with the advice and consent of the ^ar^SthwSed^
Senate, for the term of one year from the passage of this act, an officer for one year,
in the War Department, to be called the Second Assistant Secretary of
War, whose salary shall be three thousand dollars per annum, payable in Salary, duties,
the same manner as that of ^the Secretary of War, who shall perform all
such duties in 'the ofllce of the Secretary of War belonging to that de-
partment as shall be prescribed by the Secretary of War, or as may be
required bylaw*

Approved, January 19, 1864

Cop. TIL— An Act to provide ^r the Deficiency fa the Appropriation for the Pay of Jan. 22, 1864.
Officers and Men actually emptied in the Western Department, or Department of Mis- ' ' '
souri, ' Pub. Res. No. 46.

Be it enacted by the Senate and Bouse of Representatives of the Jinked A^roprtation
States of America in Congress assembled, That there be and hereby is for |»y, bounty,
vol. m Pub, — 1

2

THIBTY-EIGHTH COtfGBESS. Ssss. L Or. 4, 5. 1864

&c, of men In
Western depart-
ment*

1862, ch. 48,
vol. xii. p. 874.

Payment, to
whom to be
made.

appropriated, out of any money In the treasury not otherwise appro-
priated, the sum of seven hundred thousand six hundred and twelve dol-
lars and thirteen cents, or so much thereof as may be necessary, to carry
into effect the act approved March twenty-fifth, eighteen hundred and
sixty-two, to secure to the officers and men actually employed in the West-
ern department, or department of Missouri, their pay, bounty, and pen-
sion: Provided, however, That, in the payment of the money hereby
appropriated, such payment shall be made directly to the officers or
soldiers by whom the services were rendered, or to their personal repre-
sentatives, or to their agents appointed by powers of attorney ; and no as-
signment of any sum due to any officer or soldier shall be valid ; such pay-
ments to be made by paymasters of the United States army : Provided
When attorney further, however. That any person holding a power of attorney authoriz-
may receive iu ing the receipt by him of the amount to be paid to any officer or soldier

may, upon making and filing, an affidavit to the effect that lie is acting in
the premises purely as agent without personal interest, and that he will
pay over the amount received either to the soldier or (in his absence) to
Ms wife or children, for their benefit, be entitled to receive such amount
Apfboved, January 22, 1864

Assignments
invali

ugni

Jan. 22, 1864. Chap. IV. — An Act to amend the Law prescribing the Articles to he admitted tnto the
• * Mails of the United States.

T Beit enacted by the Senate and Borne of Representatives of the United
Certain articled State* of America in Congress assembled, That articles of clothing, being
of clothing ^may manufactured of wool, cotton, or linen; and comprised in a package not
jj®camed in the ex0 eed m g two pounds in weight, addressed to any non-commissioned offi*

cerlfe private serving in the armies of the United States, may be trans-
Bate of post- mitted in the mails of the United- States at the rate of eight cents, to be
agej to be pre- j a]] cases prepaid, for every four ounces, or any fraction thereof, subject
pai to such regulations as the Postmaster-General may prescribe.

Approved, January 22, 1864

Terms of Fed-
eral circuit and
district courts in
West Tennessee.

Ian $6 1864. Chap. V. — An Act to change the Place of holding the Circuit and District Churls of ttie
■ — : — 1 United States, jbr the District of West Tennessee, and for other Purposes.

Be it enacted by the Senate and Souse of Representatives of the United
States of America in Congress assembled, That hereafter the circuit and
district courts of the United States for the district of West Tennessee
shall be holden at the city of Memphis in said district, on the first Mon-
day in March and the first Monday in September of each year, and at no
other place. And all process, civil and criminal, which may have been,
Or hereafter may be, issued, returnable to said courts at Jackson or Hun-
tingdon, in said district, shall be returned to said courts, respectively, at
the city of Memphis ; and afl books and records of every kind, pertain-
ing to said courts, shall be transferred from the places where said courts
have heretofore been held to the city of Memphis.

Sec. 2. And be it further enacted. That the judges of the United States
circuit court and of the United States district court for the several dis-
tricts of Tennessee, may, whenever in their opinion the public interests
require it, appoint special terms of their respective courts at Enoxville,
Nashville, and Memphis, to be holden at such times as said judges, re-
spectively, shall deem most conducive to the public good ; notice of each
special term appointed under the provisions of this act shall be published
in at least one newspaper printed in the town or city in which a term is
to be held, for four consecutive weeks.
Approved, January 26, 1864

Special terms.

What nodes
to be given.

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 6, 7, 8, 9* 1864

S

Chap. VI. —An Activating to the Admission of Patients to the Hospital for the Insane Jan. 28, 1864,

in the District of Columbia,

Be it enaete&by the Senate and House of Representatives of the United
States of America in Congress assembled. That the Secretary of the In- Transient
terior be authorized, in his discretion, daring the existence of the present ^
war, to admit into the government hospital for the insane such transient p i ta l.
insane persons as may be found in the District of Columbia without the
means of self-support, to be there detained until they can be sent to their
friends or proper places of residence under the direction of the said Sec-
retary of the Interior, whose duty it shall be to provide therefor; the Mode of pro-
steps preliminary to their admission to be the same, except as to the am- ceding,
davit of residence at the time they became insane, as are required in the
case of indigent persons who became insane while residing in the district.

Approved, January 28, 1864.

Chap. "VTL — An Act making Appropriations for the Payment of Invalid and other Jan. 29, 1364.

Pensions of the United States, fir the Year ending the thirtieth of June, eighteen hundred

and sixty-Jive.

Be it enacted by ike Senate and Souse of Representatives of the United
States of America in Congress assembled, That the following sums be and Appropriation
the same are hereby appropriated, out of any money in the treasury not for P 6113 * 0118 *
otherwise appropriated, for the payment of pensions for the year ending
the thirtieth of June, eighteen hundred and sixty-five: —

For invalid pensions under various acts, one million dollars. , Invalid.

For pensions to widows, mothers, children, and sisters, under the first other pensions
section of the act of fourth July, eighteen hundred and thirty-six ; act of 1836, ch. 862.
July twenty-first, eighteen hundred and forty-eight ; first section of the Jj*48, Me.
ad of February third, eighteen hundred and fifty-three ; June third, eigh- iH|* chl 8fc
teen hundred and fifty-eight ; and July fourteenth,, eighteen hundred and 1862^ ch. 180.
sixty-two, two million two hundred thousand dollars*

Approved, January 29, 1864

Crap. TEL.— An Ad authorizing the Holding of a special Session of the United States Feb. 1&, 1864.

District Court fir the District of Indiana. ~~~ ~~~

rost, p. &u).

Be it enacted by the Senate and House of Representatives, of the United
States of America in Congress assembled, That a special session of the Special session
United States district court for the district of Indiana shall be holden at JS^^JJ^
the. usual place of holding said court on the second Tuesday in March, in Indiana,
the year of our Lord one thousand eight hundred and, sixty-four.

Sec. % And be it further enacted, That all suits and proceedings of . a What suits,
civil or criminal nature, now pending in, or returnable to said court, shall Jjjj^ tbere
be proceeded in, heard, tried, and determined, by said court at said spec-
ial, session, in the same manner as at a regular term of said court, and
the judge (hereof is hereby empowered to order the empanelling of a juries,
petit jury for said session, but not a grand jury. .And no case shall be
considered which stands continued' to the May term fcy order of the court*

Approve, February 12, 1864

Chap. IX. — An Act making an Appropriation for rebuilding the Stable eft the President's* Feb. 13, 1864.

Be it enacted by the Senate and Souse of Representatives of the United
States of America in Congress assembled, That die sum of twelve thou- Appropriation
sand dollars, or so much thereof as may be necessary, be and the same is ^astewe at
hereby appropriated, out of any money in the treasury not otherwise ap- **
propriated, to enable the Commissioner of Public Buildings to cause the
stable at the President's tot be rebuilt forthwith.

Approved, February 18, 1864.

4

THIRTY-EIGHTH CONGRESS, Sjcs&I. Ch. 11. 1864

Feb* 10, 1864. Chap* XL — An Act amendatory of and supplementary to u An Act to provide Circuit
. ,i, A Courts for the Districts of CaUfornia and Oregon* and fir other Purposes/ 9 approved
March tkird > *9l*x* hundred and sixty-three.

Be it enacted by the Senate and Souse of Representatives of the United
Terms of the States pf America in Congress assembled, That the term of the circuit
«rt£ SSf coo* of the United States for the districts in California shall be held in
tornia, the city of San Francisco, in said state, on the first Monday of February,

and on the second Monday of June, and on the first Monday of October,
in Oregon. of each year ; and in the city of Monterey, in said state, on the first
Monday of April, and on the second Monday of August, and on the first
Monday of December, of each year ; and that a term of said circuit court
for the State of Oregon shall be held at the city of Portland, in said state,
on the first Monday of January, and on the first Monday of May, and on
the first Monday of September, of each year,
if circuit jn^e Sec. 2* And be it further enacted. That whenever the circuit judge is
'ud^to^^th* a ^ sent » or > fr° m Any cause, is unable to hold a term of the circuit court as
term! ° * above provided, it shall be the duly of the district judge of the district
Ending of to hold such term* No term of the circuit" court in one district of the
terms. tenth circuit shall be deemed to be ended from the commencement of a

Circuit court in term in another district A circuit court may be held in the different

at^me t toe riCte districts at same time.

Special sessions Sbc. 3. And be it further enacted. That the circuit judge of said tenth
of circuit court, circuit may, at his discretion, appoint special sessions of the circuit court,

to be held at the places where the stated sessions thereof are to be
holden, as provided in this act, by an order, under his hand and seal,
d° W tSed nted Pressed to the marshal and clerk of said court, at least fifteen days
*" m * previous to the day fixed for the commencement of such special sessions,

which order shall be published by the marshal in one or more of the
gazettes or newspapers within the district where such* sessions are to be
Business at holden* At such special sessions it shall be competent for the said court
sessions. to entertain jurisdiction of and hear and decide all cases in equity, cases

in error, or on appeal, issues of law, motions in arrest of judgment, mo-
tions for new trial, and all other motions, and to award executions and
other final process, and to do and to transact all other business, and
direct all other proceedings in all causes pending in the circuit court,
No jury trials, except trying any cause by jury, in the same way and with the same
force and effect as the same could or might be done at the stated sessions
Issues of fact if of such court At said special sessions said court may also try and
jury is waived, determine all issues of fact in cases in which, by the stipulation in writing

of the parties, or their attorneys, and filed with the clerk,' a jury shall
be waived.

Clerks of cir- Sec. 4. And be it further enacted, That the clerks of the circuit courts
cuit courts. for ^ district ^ California shall be appointed by the circuit judge of

Appointment fa e tenth circuit The appointment shall be in writing under the hand
and seal of the circuit judge, and shall be filed in the clerk's office and

Revocation, entered at large upon the records of the court The circuit judge may
revoke the appointment at any time by filing in the office of the clerk
a notice in writing under his hand and seal, stating that the appointment
is revoked. The revocation shall be entered on the records of the court

Oath of clerk. The clerk, before entering upon the discharge of his duties, shall take

1862, ch. 138. the oath of office prescribed by the act entitled < { An act to prescribe

Vol.*h\p. 502. an* oath of office and for other purposes," approved July two, eighteen
hundred and sixty*two, and such oath shall be endorsed upon his appoint*

Bona. ^ ment The- clerk shall also execute a bond to the United States with
two or more sufficient sureties in such sum as the •circuit judge may
designate, conditioned for the faithful performance of his duties. In case

Vacancy in f a vacancy in the office of clerk, the district judge shall have power
^ to fill such vacancy by appointment, which shall continue until an appoint-

ment is made by the circuit judge.

THIRTY-EIGHTH CONGRESS. Sess. I. Co. 11. 1864

5

Sec. 5. And be it farther enacted, That the clerks of the circuit courts ^rksmay
of the tenth circuit shall have power to appoint one or more deputies, ffiw^e
who 8haH have the same authority, in all respects, as their principal The them,
appointment shall be in writing, and be signed by the clerk, and shall be
filed in his office, and be entered at large upon the records of the court
The clerk may revoke the appointment of any deputy at will by writing
filed in the office, and entered upon the records. Each deputy, before en* O&fh and bond
tering upon bis duties, shall take the oath of office prescribed by the act rf dei>uties '
entitled "An act to prescribe an oath of office and for other purposes," ap- y^f^'
proved July two, eighteen hundred and sixty-two. And such oath shall be * p *
endorsed upon his appointment The clerk may take from each of his
deputies a bond with sureties for the faithful performance of his duties, Clerk liable for
but the clerk and the sureties on his official bond shall be liable for all * cts of de P^*
the official acts of each deputy.

Sec. 6. And be it farther enacted, That the clerks of the circuit courts Fees, &&, of
and district courts of the United States for the districts of California and clerks -
Oregon shall severally be entitled to charge and receive for the services
they may perform double the fees and compensation allowed by the act
entitled "An act to regulate the fees and costs to be allowed clerks, 1853, cn *80,
marshals, and attorneys of the circuit and district courts of the United ' *
States and for other purposes," approved February twenty-six, eighteen
hundred and fifty-three.

Sec. 7. And be it farther enacted, That issues of fact in civil cases Trials of issues
may be tried and determined by the said circuit court without the inter- j^? * witboat *
vention of a jury, whenever the parties or their attorneys of record file
a stipulation in writing with the clerk waiving a jury* Upon the trial
of an issue of fact by the court, its decision shall be given in writing
and filed with the clerk. In giving the decision, the facts found and . Form of ded-
the conclusions of law shall be separately stated. The review of the judg- oF5w.
ment or decree entered upon such findings by the supreme court of the
United States upon appeal or writ of error shall be limited to a deter-
mination of the sufficiency of the facts found to support the judgment
or decree entered, and to the rulings of the court in admitting or rejecting
evidence offered, and in the construction of written documents produced
and admitted. The supreme court may affirm or modify or. reverse the
judgment or decree entered, or may, in its discretion, order a new trial
or further proceedings to be taken.

Sec. 8. And be it farther enacted, That a term of the district court of _ Terms of the
the United States for the southern district of California shall be held in £trtfccw£
the city of Monterey, in said state, on the first Monday of February, and nia,
on the first Monday of June, and on the first Monday of October, of each
year; and a term of the district court of the United States for the north-
ern district of California shall be held in the city of San Francisco, in
said state, on the first Monday of April, and on the second Monday of
August, and on the first Monday of December, of each year ; and a term in Oregon,
of the*dbtrict court of the United .States for the district of Oregon shall
be held at the city of Portland, in the State of Oregon, on the first Mon-
day of March, and On the fir»t Monday of July, and "on the first Monday
of November, of each year.

Sbo. 9. And be it farther enacted, That section four of the act entitled Bepea* of
"An act to provide circuit courts for the districts* of California and Ore- J^consfetsS
gon, and for other purposes," approved March third, eighteen hundred provisions,
and sixty-three ; and sections four and five of the act entitled " An act 1863, ch» 100,
to provide for extending the laws and judicial system of the United States $ voLxii. p.794.
to the State of California,** approved September twenty-eight, eighteen i860, ch. 86,
hundred and fifty, and all provisions of law inconsistent with this act, be §§i». 6 *. g22
and .the same are hereby repealed. ***

Sec 10. And be it further enacted, That this act shall take effect on When act
the first Monday of May, one thousand eight hundred and sixty-four* tokes

Approved, February 19, 1664*

1*

6

THIBTY-EI GHTH CONGRESS. Sbss. L Ch. 13; 1864,

Feb. 24, 1864* Cha*. XIII. — An Act to amend an Act entitled "An Act fir enrolling and calling tna
1863 ch. 75. *Ae National Forces, and fir other Purposes/* approved March third, eighteen hundrea
Vol. kii. p. 78t *totp4hree.

1866, ch. 79. J& i> enacted by the Senate and Home of Representatives of the United
Post, p. 487* States of America in Congress assembled, That the President of the
caU ^ sSh United States shall be authorized, whenever he shall deem it necessary,
number of men during the present war, to call for such number of men for the military
a? public exig&k- service of the United States as .the public exigencies may require*
ciea require. g BC % ^ ^ further enacted, That the quota of each ward of

Quota of each a city, town, township, precinct, or election district, or of a county, where
^w d to l^eter- the county is not divided into wards, towns, townships, precincts, or elec-
mlned, " ^ on districts,.shall be, as nearly as possible, in proportion to the number of

men resident therein liable to render military service, taking into account
as far as practicable, the number which has been previously furnished
therefrom ; and in ascertaining and filling said quota there shall be taken
Persons in into account the number of men who have heretofore entered the naval
be reckoned *° serv * ce °^ & e United States, and whose names are borne upon the enrol-
ment lists as already returned to the office of the provost-marshal gen-
eral of the United States*

Sec. 8: And be it further enacted, That if the quotas shall not be Med
If quota is not within the time designated by the President, the provost-marshal of the

ta&Ztf^ " hich **** of ' * <*K town > to wn^hip, precinct^ or

made. election district, or county, where the same is not divided into wards,

18S4 ch 287 i 6 towns > townships, precincts, or election districts, which is deficient in its
Post p. 880. ' <l uota > 1S situated, shall, under the direction of the provost-marshal gen-
eral, make a draft for the number deficient therefrom ; * but all volunteers

^ oln £fk!r r8 en " wno ma y enlist after the draft shall have been ordered, and before it shall
jjstmg after ^ actua |jy shall be deducted from Hie number ordered to be drafted

in such ward, town, township, precinct, or election district, or county.
And if the quota of any district shall not be filled by the draft made in
accordance with the provisions of this act, and the act to which it is an
amendment, further drafts shall be made, and like proceedings had, until

Further drafts, the quota of such district shall be filled.

Sec. 4. And be it further enacted, That any person enrolled under

Substitutes, the provisions of the act for enrolling and calling out the national forces,

SteiX «* ** P"^ 0868 ' W ved M» rch eighteen hundred and

furnished, and sixty-three, or who may be hereafter so enrolled, may furnish, at any
for how long. time previous to the draft, an acceptable substitute, who is not liable to
1863, ch. 75. draft, nor at the time in the military or naval service of the United
xl * P* 7 ' States, and such person so furnishing a substitute shall be exempt from
draft during the time for which fsuchl substitute shall not be liable to
draft, not exceeding the time for which such substitute shall have been
accepted.

Sec 5. And be it farther enacted, That any person drafted into the
Drafted per- military service of the United States may, before the time fixed, for his
substkutesV 11 appearance for duty at the draft rendezvous, furnish an acceptable substi-
tute, subject to such rules and regulations as may be prescribed by the
1865, ch. 79, § Secretary of War* That if such substitute is not liable to draft, the per-
15. son furnishing him shall be exempt from draft during the time for which

Pat, p. 489. such substitute is not liable to draft, not exceeding the term for which he
was drafted ; and, if such substitute is liable to .draft, the name of the
How long to person furnishing him shall again be placed on the roll, and shall be lia-
be exempt. fcle t0 draft on future calls, but not until the present enrolment shall be

exhausted ; and this exemption shall not exceed the term for which .such
person shall have been drafted. And any person now in the military or
Who may be naval service of the United -States, not physically disqualified, who has
8u^Utute& 8 80 serve d more than one year, and whose term of unexpired service shall

not at the time of substitution exceed six months, may be employed as a
substitute to serve in the troops of the State in which he enlisted ; and if

THIRTY-EIGHTH CONGRESS. Sbsb. L Ch. 13. 1864,

7

any drafted person shall hereafter pay money for the procuration of a
substitute, under the provisions of the act to which this is an amendment, Payment of
such payment of money shall operate only to relieve such person from ^£™ ut fc^ to
draft in filling that quota*; and his name shall be retained on the roll in exempt
filling future quotas ; but in no instance shall the exemption of any per-
son, on account of his payment of commutation money for the procura-
tion of a substitute, extend beyond one year ; but at the end of one year,
in every such case, the name of any person so exempted shall be enrolled
again, if not before returned to the enrolment list under the provisions of
this section*

Sec. 6* And be it further enacted, That boards of enrolment shall en- Who to be
roll all persons liable to draft under the provisions of this act, and the act enrolled -
to which this is an amendment, whose names may have been omitted by
the proper enrolling officers ; all persons who shall arrive at the age of
twenty years before the draft ; all aliens who shall declare their intentions
to become citizens ; all persons discharged from the military or naval ser-
vice of the United States who have not been in *such service two years
during the present war; and all persons who have been exempted under
the provisions of the second section of the act to which this is an amend-
ment, but who are not exempted by the provisions of this act; and said Names of what
boards of enrolment shall release and discharge from draft all persons persons tobe
who, between the time of the enrolment and the draft, shall have arrived ^entiSL* 11 "
at the age of forty-five years, and shall strike the names of such persons
from the enrolment.

Sec. 7 And he it further enacted, That any mariner or able or ordi- Seamen drafted
nary seaman who shall be drafted under this act, or the act to which this m ^i e ?^i"
is an amendment, shall have the right, within eight days after the notifi- &^ serv * oe »
cation of such draft, to enlist in the naval service as a seaman, and a
certificate that he has so enlisted being made out, in conformity with reg-
ulations which may be prescribed by the Secretary of the Navy, and
duly presented to the provost-marshal of the district in which such mari-
ner or able or ordinary seaman shall have been drafted, shall exempt him
from such draft : Provided, That the period for which he shall have en- Term of enlfet-
listed into the naval service shall not be less than the period for which meat,
he shall have been drafted into the military service: And provided
further, That the said certificate shall declare that satisfactory proof has Proof that he
been made before the naval officer issuing the same that the said person a 8eaman *
so enlisting in the navy is a mariner by vocation, or an able or ordinary
seaman* And any person now in the military service of the United
States, who shall furnish satisfactory proof that he is a mariner by voca-
tion, or an able or ordinary seaman, may enlist into the navy under such
rules and regulations as may be prescribed by the President of the United
States: Provided, That such enlistment shall not be for less than the. un-
expired term of his military service nor for less than one year. And the
bounty-money which any mariner or seaman enlisting from the army into Itamty-money
the navy may have received from the United States, or from the state in ft^^SjJ? 84
which he enlisted in the army, shall be deducted from the prize-money to money,
which he may become entitled during the time required to complete his
military service : And provided farmer, That the whole number of such Limit of trans-
transfer enlistments shall not exceed ten thousand. fer e ^ li8tm ? nts ^

Sec. 8* And be it further enacted, That whenever any such mariner or Such enlisted
able or ordinary seaman shall have been exempted from such draft in the JJJJISt % be
military service by such enlistment into the naval service, under such town, ward, &c.
due certificate thereof then the ward, town, township, precinct, or election on
district, or county, when the* same is not divided into wards, towns, town*
ships, precincts, or election districts, from which such person has been
drafted, shall be credited with his services to all intents and purposes as
if he had been duly mustered into the military service, under such draft.

Sec. 9. And be it further enacted, Thai all enlistments into the naval

8 THIRTY-EIGHTH CONGRESS. Sess. L Ch. 13. 1864.

Enlistments service of the United States, or into the marine corps of ibe United
rice Srmarine States, that may hereafter be made of persons liable to service under the
corps to be act of congress entitled " An' act for enrolling and calling out the national
credited. forces, and for other purposes," approved March third, eighteen hundred
Vdfka tJm. m ^ sixty-three, shall be credited to the ward, town, township, precinct, or
' election district, or county, when the same is not divided into wards, towns,
townships, precincts, or election districts, in which such enlisted men were
or may be enrolled and liable to duty under the act aforesaid, under such
regulations as the provost-marshal general of the United States may
prescribe.

Exempts from Shsc. 10. And be it further enacted, That the following persons be and
♦enrolment they are hereby exempted from enrolment and draft under the provisions

of this act and of the act to which this is an amendment, to wit : Such as
are rejected as physically or mentally unfit for the service, all persons act*
natty in the military or naval service of the United States at the time of
the draft, and all persons who have served in the military or naval service
two years during the present war and been honorably discharged there*
from ; and no persons but such as are herein exempted shall be exempt
Law fbi en- Sbo. 11. And be it further enacted, That section third of the "Act fox
rolment into two enrolling and calling out the national forces, and for other purposes," ap-
^tm duW P 10 * 6 * third, eighteen hundred and sixty-three, and so much of

§§ 3 io. ' section ten of said act as provides for the separate enrolment of each class,
Vol xii. p. 731. be, and the same are hereby repealed ; and it shall be the duly of the
board of enrolment of each district to consolidate the two clashes mentioned
in the third section of said act.
Penalty for SjRC. 12. And be it further enacted, That any person who shall forcibly
^^^^^j resist or oppose any enrolment, or who shall incite, counsel, encourage, or
ment, or persons who shall conspire or confederate with any other person or persons forcibly
employed to resist or oppose any such enrolment, or who shall aid or assist, or take
therein ' any part in any forcible resistance or opposition thereto, or who shall as**

sault, obstruct, hinder, impede, or threaten any officer or other person
employed in making or in aiding to make such enrolment, or employed in
the performance, or in aiding in the performance of any service in any
way relating thereto, or in* arresting or aiding to arrest any spy or deserter
from the military service of the United States, shall, upon conviction
thereof in any court competent to try the offence, be punished by a fine
not exceeding five thousand dollars, or by imprisonment not exceeding
five years, or by both of said punishments in the discretion of the court.
And in cases where such assaulting, obstructing, hindering, or impeding
shall produce the death of such officer or other person, the offender shall
be deemed guilty of murder, and, upon conviction thereof upon indictment
in the circuit court of the United States for the district within which the
offence was* committed, shall be punished with death. And nothing in
Offenders this section contained shall be construed to relieve the party offending
i^edunder^e* IWfltar'* under proper indictment or process, for any crime against
Stat« law. &6 laws of a state, committed by him while violating the provisions of

this section*

Additional Sec 13. And be it further enacted, That the Secretary of War shall be
^§f°d?^e?" authorized to detail or appoint such number of additional surgeons for
♦persona author* temporary duty in the examination of persons drafted into the military
feed. service, in any district, as may be necessary to secure the prompt exam-

ination of all such persons, and to fix the compensation -to be paid sur-
geons so appointed while actually employed. And such surgeons so
Their duties, detailed or appointed shall perform the same duties as the surgeon of the
board of enrolment, except that they shall not be permitted to vote or sit
with the board of enrolment
_ Sbc. 14 And be it farther enacted, That the Secretary of War is au~

ofS^dmen 19 Prized, whenever in his judgment the public interest will be subserved
may be held at thereby, to permit or require boards of examination of enrolled or drafted

THIKTY-EIGHTH CONGBESS. Sess- I Ch. 18* 1864

9

men to hold their examinations at different points within their respective different point*
enrolment districts, to be determined by him : Provided, That in all dis- in district
tricts over one hundred miles in extent, and in such as are composed of Where most be
over ten counties, the board shall Bold their sessions in at least two places *» held,
in such district, and at such points as are best calculated to accommodate
the people thereof*

Sec* 15. And be it further enacted, That provost-marshals, boards of Witnesses for
enrolment, or any member thereof, axrtmgby authority of the board, shall *gg?£ffi
have power to summon witnesses in behalf of the government, and en* may be sum-
force their attendance by attachment without previous payment of fees, u^J^^^r
in any case pending before them, or either of them ; and the fees allowed meatt 0010 "
for witnesses attending under summons shall be six cents per mile for
mileage, counting one way ; and no other fees or costs shall be allowed * eeB * 0ath *
under the provisions of this section ; and they shall have power to ad-
minister oaths and affirmations. And any person who shall wilfully and ^Penalty for
corruptly swear or affirm falsely before any provost-marshal, or, board of fe3se sweann ^
enrolment, or member thereof, acting by authority of the. board, or who ch.7M24
shall, before any civil magistrate, wilfully and corruptly swear or affirm
falsely to any affidavit to be used in any case pending before any provost-
marshal or board of enrolment, shall, on conviction, be fined not exceed-
ing five hundred dollars, and imprisoned not less than six months nor Drafted men
more than twelve months. The drafted men shall have process to bring j^^^y^** 8
in witnesses, but without mileage.

Sec. 16. And be it further enacted, That copies of any record of a pro- Copies of record
vost-marshal _ojl board of enrolment, or of any part thereof, certified by ^° 7< J^
the provost-marshal, or a majority of said board of enrolment, shall be enrolment, to be
deemed and taken as evidence in any civil or military court in like man- evidence*
ner as the original record : Provided, That if any person shall knowingly Penalty for
certify any false copy or copies of such record, to be used in any civil or ^^ cert ^ ln8
military court, he shall be subject to the pains and penalties of perjury.

Sec. 17. And be it farther enacted, That members of religious denom- Persons con-
inations, who shall by oath or affirmation declare that they are conscien- SS^^aruM
tiously opposed to the bearing of arms, and who are prohibited from doing arms, &e*, if
so by the rules and articles of faith and practice of said religious denom- £ r ^**?j£™ r *°
inations, shall, when drafted into the military service, be considered non- treated,
combatants, and shall be assigned by the Secretary of War to duty in the
hospitals, or to the care of freedmen, or shall paythe sum of three hun-
dred dollars to such person as the Secretary of War shall designate to
receive it, to be applied to the benefit of the sick and wounded soldiers:
Provided, That no person shall be entitled to the benefit of the provisions Evidence as
of this section unless his declaration of conscientious scruples against *° consd<mtioaa
bearing arms shall be supported by satisfactory evidence that his deport- 6crup ^ e8 *
meht has been uniformly consistent with such declaration.

Sec 18. And be it further enacted, That no person of foreign birth Persons of
shall, on account of alienage, be exempted from enrolment or draft under ^^ abirth "J*
the provisions of this act, or the act to which it is an amendment, who ^ ^Iroiment;
has at any time assumed the rights of a citizen by voting at any election or draft, if they
held under authority of the laws of any state or territory, or of the nave voted »
United States, or who has held any office under such laws or any of them ;
but the faet that any such person of foreign birth has Voted or held, or
shall vote or hold, office as aforesaid, shall be taken as conclusive evidence
that he is not entitled to exemption from military service on account of
alienage.

the truth of the facts stated, unless it shall satisfactorily appear to the unless, &£
board of enrolment that such party is for some good and sufficient reason
unable to make such oath or affirmation; and the testimony of any other

10

THIBTY-EIGHTH CONGRESS. Sisss. L Ch. IS. 1864

party filed in support of a claim to exemption shall also be made upon
oath or affirmation.

Exemptions Seo. 20. And he it farther enacted, That if any person drafted and
obto«tfbyfiwjd liable to render military service shall procure a decision of the board of
and person ex- enrolment in his favor upon a claim to exemption by any fraud or false
empted to be representation practised' by himself or by his procurement, such decision

s^r^&cf " or ^^P^ 011 &mHH be °^ n0 ett W> and the person exempted, or in whose
eT ' favor the decision may be made, shall be deemed a deserter, and may be

arrested, tried by court-martial, and punished as such, and shall be held
to service for the full term for which he was drafted, reckoning from the
Persons in mil* ^ me 0I * n * s arrest : Provided, That the Secretary of War may order the
Jtaiy service un- discharge of all persons in the military service who are under the age of
mayfe dis? eighteen years at the time of the application for their discharge* when it
charged* &c shall appear upon, due proof that such persons are in the service without
1864, ch. 237, §5. the consent, either expressed or implied, of their parents or guardians.
Pasty p. 380. And provided farther, That such persons, their parents or guardians, shall
Bounty, &c, first repay to the government and to the state and local authorities all
to be refolded, bounties and advance-pay which may have been paid to them, anything

in the act to which this is an amendment to the contrary notwithstanding.
Penalty for Sec. 21. And be it farther enacted, That any person who shall procure,
r^rtfromS 6 or . attempt to procure, a false report from the surgeon of the board of en-
ge^^f board of rolment concerning the physical condition of any drafted person, or a
enrolment. decision in favor of such person by the board of enrolment upon a

claim to exemption, knowing the same to be false, shall, upon conviction
in any district or circuit court of the United States, be punished by im-
prisonment for the period for which the party was drafted.
Fees of attar- Sec. 22. And he it farther enacted, That the fees of agents and attor-
neys, $c., for ueys for making out and causing to be executed any papers in support of
daimXrtxemp- a chum for exemption from craft, or for any services that may be ren-
tioD. dered to the claimant, shall not, in any case, exceed five dollars ; and

physicians or surgeons furnishing certificates of disability to any claimant
Physicians not for exemption from draft shall not be entitled to any fees or compensa-
te have fees, ^ m fo^fc^ And any agent or attorney who shall, directly or indi-
Penalties on rectly, demand or receive any greater compensation for his services under
ricto^oin^" f 1 * 8 m ^ auy physician or surgeon, who shall, directly or indirectly,
clerks, &c, re-' demand or receive any compensation for furnishing said certificate* of
gardUng&e&t&c* disability, and any officer, clerk, or deputy connected with the board of

enrolment who shall receive compensation from any drafted man for any
services, or obtaining the performance of such service required from any
member of said board by the provisions of this act, shall be deemed guilty
of a high misdemeanor, and, upon conviction, shall, for every such offence,
be fined not exceeding five hundred dollars; to be recovered upon informa-
tion or indictment before any court of competent jurisdiction, one half for
the use of any informer who may prosecute for the same in the name of
the United States, and the other half tor the use of the United States,
and shall also be subject to imprisonment for a term not exceeding one
year, at the discretion of the court*
Who not to be Sec. 23. And he U farther enacted, That no member of the board of
employed in pro- enrolment, and no surgeon detailed or employed to assist the board of
cunng ftubsti- enrolment, and no clerk, assistant, or empbyee of any provost-marshal or
* * board of enrolment, shall; directly or indirectly, be engaged in procuring

or attempting* to procure substitutes forepersons drafted, .or liable to be
drafted, into the military service of the United States. And if any mem-
Penalty. ber of a board of enrolment, or any such surgeon, -clerk, assistant, or em-
pbyee, shall* procure, or attempt to procure, a -substitute for any person
drafted, or liable to be drafted, as aforesaid, he shall be deemed guilty of
a misdemeanor, and shall, ' upon conviction^ be punished by imprison-
ment not less than thirty days, nor more than, six months, and pay a fine

THIRTY-EIGHTH CONGRESS. Sfiss. L Ch. 18, 14 1864 JL1

not less than one hundred) nor more than one thousand dollars, by any
court competent to try the offence.

Sec* 24 And be it further enacted, That all able-bodied male colored certain colored
persons, between the ages of twenty and forty-five years, resident in the persons to be
United States, shall be enrolled according to the provisions of this act, fo^^rt^ftbe
and of the act to which this is an amendment, and form part of the na- national forces,
tional forces; and when a slave of a loyal master shall be drafted and Slaves of loyal
mastered into the service of the United States, his master shall have a masters *
certificate thereof and thereupon such slave shall be free ; and the boun- Bounty to
ty of one hundred dollars, now payable by law for each drafted man, master,
shall be paid to the person to whom such drafted person was owing ser-
vice or labor at the lime of his muster into the service of the United
States. The Secretary of War shall appoint a commission in each of the Commission
slave States represented in Congress, charged to award to each loyal per- ^n^Sion to
son to whom a colored volunteer may owe service a just compensation, not loyal masters of
exceeding three hundred dollars, for each such colored volunteer,*payable ^ ored v°b">
out of the fund derived from commutations, and every such colored vol- "*
unteer on being mustered into the service shall be free* And in all cases
where men of color have been heretofore enlisted or have volunteered in
the military service of. the United States, all the provisions of this act, so
far as the payment of bounty and compensation are provided, shall be
equally applicable as to those who may be hereafter recruited* But men How to be
of color, drafted or enlisted, or who may volunteer into the military ser- mustered into
vice, while they shall be credited on the quotas of the several states, 8ervice *
or subdivisions^ states, wherein they are respectively drafted, enlisted,
or shall volunteer, shall not be assigned as state troops, but shall be mas-
tered into regiments or companies as United States colored troops.

Sec. 25. And be it further enacted, That the fifteenth section of the act Penaltr upon
to which this is amendatory be so. amended that it will read as follows: surgeon for mak-
That any surgeon charged with the duty of such inspection, who shall o^negligenth^
receive from any person whomsoever any money or other valuable spection;
thing, or agree, directly or indirectly, to receive the same to his own or 1863, ch. 75, §
another's use, for making an imperfect inspection, or a false or incorrect **** p "

report, or who shall wilfully neglect to make a faithful inspection and
true report, and each member of the board of enrolment who shall wil- on member of
fully agree to the discbarge from service of any drafted person who is not ^ent for n?e*aliy
legally and properly entitled to such discharge, shall be tried by a court- discharging^
martial, and, on conviction thereof, be punished by a fine not less than drafted persons,
three hundred dollars and not more than ten thousand dollars, shall be
imprisoned at the discretion of the court, and be cashiered and dismissed
the service.

• Sec. 26. And be it further enacted, That the words u precinct n and "Precinct"
"election district," as used in this act, shall not be construed to require any ^ia^f^ io11
subdivision for purposes of enrolment and draft less than the wards into cwkstmed. °"
which any city or village may be divided, or than the towns or townships
into which any county may be divided*

Sec. 27. And be it further enacted. That so much of the act entitled Repeal of in-
" An act for enrolling and calling out the national forces, and for other consistent pro-
purposes," approved March third, eighteen hundred and sixty-three, as ' ^
may be inconsistent with the provisions of this act, is hereby repealed. Vol. x&\ p! 731.

Approved, February 24, 1864.

Chap. XIV. — An Act reviving the Grade of Lieutenant-General in the United States 29 I8f&

Army.

Se it enacted by ike Senate and House of Representatives of the United
States of America in Congress assembled, That the grade of lieutenant* Grade of lien-
general be and the same is hereby revived in the army of the United SXwjP^f* 1
States ; and the President is hereby authorized, whenever he shall deem vec ^ *"

1

12

THIRTY-EIGHTH CONGRESS* Sess. L Ch. 14, 15, 16. 1864

appointment jt expedient, to appoint, by and with the advice and consent of the senate,
authorized. a lieutenant-general, to be selected from among those officers in the mili-
tary service of the United States, not below the grade of major-general,
most distinguished for courage, skill, and ability, who, being commissioned
as lieutenant-general, may be authorized, under the direction, and during
the pleasure of the President, to command the armies of the United
States*

Pay and allow- Sao. % And be it farther enacted, That the lieutenant-general appointed

ances. as hereinbefore provided shall be entitled to the pay, allowances, and staff

1798. ch. 47 t specified in the fifth section of the act approved May twenty-eight, sev-
Vol. i. p. 55a enteen hundred and ninety-eight; and also the allowances described in the
1842, ch! 186, sixth section of the act approved August twenty-three, eighteen hundred

ill! ^ 9 ' P * forty-two, granting additional rations to certain officers : Provided,

Hank, pay &s. That nothing in this act contained shall be construed in any way to affect

oi General ^cott ' the rank, pay, or allowances of Winfield Scott, lieutenant-general by brevet,

no* affected. now on fa e reared list of the army.

Approved, February 29, 1864.

Feb. 29, 18&4. Chap. XV. — An Act to extend the Time fir the Withdrawal of Goods from public

Stores and handed Warehouses, and far other Purposes*

Be it enacted by the Senate and House of Representatives of the United
Goods in pub- States of America in Congress assembled, That all goods, wares, and mer-
wlSmV^ 1 cnan ^ se > now m public stores or bonded warehouses, on which duties are
entered, and unpaid, and which shall have been in bond more than one year, and less
bonds cancelled, than three years, at the time of the passage of this act, may be entered

for consumption, and the bonds cancelled at any time beftre the first day
of September next, on payment of duties and charges according to law ;
Eepealing and that all acts and parts of acts inconsistent with the provisions of this
c1 *" 6, . act be, and the same are hereby, repealed* This act to take effect from
e^t° and after its passage.

Sec. & And be it farther enacted. That the term "license," in the first
"License" shall proviso to the fifteenth section; of the act entitled " An act increasing tern*
extend to what* mxwAlj the duties on imports, and for xrther purposes" approved July
1892, ch. 163, fourteen, eighteen 1 hundred and sixty-two, shall be held to extend to all
* Vol, xii, p,558- vessels authorized by law to engage in the coasting trade, whether sailing

under registers or enrolments and licenses.
Approved, February 29, 1864

Feb. 29, 1864. Chap. XVI. — An Act to authorize ihe Appointment of a Warden of the Jail in the Dis-
trid of Columbia,

Be %t enacted by the Senate and Bouse of R&presentaHves of the United
States of America in Congress assembled. That the President of the
Warden of United States shall appoint, by and with the adVice and consent of the
^ & iLfed! e ap ~ Senate, some suitable person to be warden of the jail in the District of
*° Columbia, who shall hold his office for the term of four years, and who

Term, salary, shall receive an annual salary of sixteen hundred dollars, which shall in-
clude all fees and emoluments. And said warden shall annually, in the
BeporL month of November, make a detailed report to the Secretary of the In-
terior.

Power and Sec. 2. And be it farther enacted, That the said warden shall have the
duly of warden, ^^^ye supervision and control of the jails in said district, and be ac-
countable for the safe-keeping of all the prisoners legally committed
thereto,- and shall have all the power and discharge all the duties hereto-
fore legally exercised and discharged over said jails and the prisoners
therein by the marshal of ihe said district.

Sso. £• And be it farther enacted, That the warden of the penitentiary
Tranmortation in the said district, upon <he order of the supreme court of said dis*
of convicts. trict or the Secretary of the Interior, shall transport all convicts Sentenced

rfflETY-EIGHTH CONGRESS- Sess. L Oh. 16, 17. 1864

13

to imprisonment beyond the limits of said district to the place of confine-
ment, receiving therefor the actual expenses of himself, guard, and of each
convict* And in case of absence or other disability of said warden, the Absence or
warden of said jail, having the custody of said convicts, shall, upoo order J*J5£* *
as aforesaid, transport them to the place of confinement, receiving there-
for the compensation aforesaid*

Sec* 4. And be it further enacted, That said warden shall, before enter- Bond,
ing upon the duties of the office, execute to the United States a bond for
the faithful performance of the duties thereof in the penal sum of five
thousand dollar*, with sureties to be approved by some judge of the su-
preme court of said district

Sec. 5. And be it further enacted, That all acts and parts of acts com- Repealing
ing in conflict with the provisions of this act be, and the same are hereby, cUlttse '
repealed.

Approved, February 29, 1864

Chap. XVII. — An Act mppfanentary to an Act entitled "An Act to provide Ways and March 3, 1864>
Means for the Support of the Government," approved March third* eighteen hundred and ^ ^

sixty-three. VoLxU-p. 709.

Be it enacted by the Senate and Heme of Representatives of the United
States of America in Congress assembled. That, in lieu of so much of the fh s S^? OT ^ of
loan authorized by the act of March third, eighteen hundred and sixty- m ay bwownot
three, to. which this is supplementary, the Secretary of the Treasury is over $200,000,
authorized to borrow, from time to time, on the credit of the United 222»Sf fi?? 8 -
States, not exceeding two hundred millions of dollars during the current f 0rt7 bonds or
fiscal year, and to prepare and issue therefor coupon, or registered bonds five t^f 611 *; 1
of the United States, bearing date March first, eighteen hundred and f n "er1lt p^able
sixty -four, or any subsequent period, redeemable at the pleasure of the m coin,
government after any period not less than five years, and payable at any
period not more than forty years from date, in coin, and of such denom-
inations as may be found expedient, not less than fifty dollars, bearing
interest not exceeding six per centum a year, payable on bonds not over
one hundred dollars, annually, and on all other bonds semi-annually, in
coin ; and he may dispose of such bonds at any time, on such terms as he Denomfoattana
may deem most advisable, for lawful money of the United States, or, at fj^^Sn?*
his discretion, for treasury notes, certificates of indebtedness, or cer- taxation, ™
tificates of deposit, issued under any act of congress ; and all bonds is-
sued under this act shall be exempt from taxation by or under state or
municipal authority. And the Secretary of the Treasury shall pay the
necessary expenses of the preparation, issue, and di^osal of such bonds
out of any money in the treasury not otherwise appropriated, but the
amount so paid shall not exceed one half of one per centum of die amount
of the bonds so issued and disposed of.

Sec. 2* And be it further enacted, That the Secretary of the Treasury Five-twenty
is hereby authorized to issue to persons who subscribed on or before the
twenty-first day of January, eighteen hundred and sixty-four, for bonds subscribers,
redeemable after five years and payable twenty years from date, and have
paid into the treasury the amount of their subscriptions, the bonds by
them respectively subscribed for, not exceeding eleven million's of dollars,
notwithstanding that such subscriptions may be in excess of five hundred
millions of dollars ; and the bonds so issued shall have the same force and
effect as if issued under the provisions of the act to " authorize the issue 3862, cb. 33.
of United States notes and for other purposes," approved February Vo *- P* ****
twenty-sixth [fifth], eighteen hundred and sixty-two.

Approved, March 3, 1864.
vol* xin. Pub. — 2

14

THIRTY-EIGHTH CONGRESS. Sbss. I. Ch. 18, 20. 1864.

ptt>itM.tioi) of

overland emi-
grants.

March 3, 3884. Chap. XVIII. — An Act to provide for the Protection of Overland Emigration to the

States and Territories of Ute Pacyic*

Be it enacted by the Senate and House of Representatives of the United
App^j>naHon for States of America in Congress assembled, That, for the protection of emi-
grants by the overland route to the states and territories of the Pacific,
the sum of forty thousand dollars be, and the same is hereby, appropriated
out of any money in the treasury not otherwise appropriated, to be ex-
pended under the direction of the Secretary of War: Provided, That ten
thousand dollars of said appropriation shall be applied to the protection of
emigrants on the route from Fort Abercrombie by Port Benton, and the
further sum of ten thousand dollars of said appropriation shall be applied
to the protection of emigrants on the route from Niobrarah, on the Mis-
souri River, by the valley of the Niobrarah and Gallatin, in Idaho* *
Approved, March 3, 1864

Routes.

March 7, 1804. Chap. XX.*— An Act to increase the Internal Revenue, and for other Purposes,

Be it enacted by the Senate and House of Representatives of the United
.J?"^' on sp ir jts States of America in Congress assembled, That from and after the pas-
&c / * m *° 1 sage of this act, in lieu of the duty provided for in section forty-one of

an act entitled u An act to support the government and to pay interest on
1362, ch. 119, t" e public debt," approved July first, eighteen hundred and sixty-two, and
$ 41. in addition to duties payable for licenses, there shall be levied, collected,

Vol.xii. p. 447. an( j on a jf spirits that may be distilled and sold, or distilled and re-
moved for consumption or sale previous to the first day of July next, of
first proof, the duty of sixty cents on each and every gallon ; and said
duty shall be a lien and charge on such spirits, and also on the interest of
all persons in default in the distillery used for distilling the same, with all
the stills, vessels, fixtures, and tools therein, and in the lot or tract of land
whereon the said distillery is situated, until the said duty shall be paid :
BaaU of eollec- Provided, That the said duty on spirituous liquors, and all other spirituous
tion of duty. beverages enumerated in this act, shall be collected at no lower rate than

the basis of first proof, and shall be increased in proportion for any
greater strength than the strength of first proof.
Penalty for Sec 2* And be it further enacted, That all spirits or other articles on
poses of toJTin wn * cn dutfe 8 are imposed by the provisions of this act, or of the act re-

traud of the rev- ferred to in the first section of this act and amendments thereto, which shall

sign to avoid payment of said duties, may be seized by any collector or
deputy collector who shall have reason to believe that the same are pos-
sessed, had, or held for the purpose or design aforesaid, that the same shall
be forfeited to the United States; and also all articles of raw materials
found in the possession of any person or persons intending to manufac-
ture the same for the purpose of being sold by them, in fraud of said laws,
or with design to evade the payment of said duties, and also all tools, im-
plements, instruments, and personal property whatsoever used in the place
or building, or within any yard or enclosure where such articles on which
duties are imposed, as aforesaid, shall be found, may also be seized by any
collector or deputy collector, as aforesaid, and the same shall be forfeited
Proceedings as aforesaid ; and the proceedings to enforce said forfeiture shall be in the
inrtm* nature of a proceeding in rem in the circuit or district court of the

United States for the district where such seizure is made, or in any other
court of competent jurisdiction; and any person who shall have in jpas
custody or possession any such spirits or other articles, subject to duty as
aforesaid, for the purpose of selling the same with the design of avoiding
payment of the duties imposed thereon, shall be liab!o to a penalty of five
hundred dollars, or not less than double the amount of duties fraudulently

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 20. 1864.

15

attempted to be evaded, to be recovered and applied as other penalties
provided by the act heretofore mentioned. And the spirits and other ar- Custody of
tides which shall be so seized by any collector or deputy collector shalU^S? /of
during the pendency of such proceedings, be delivered to the marshal of ceedmgs.
said district, and remain in his care and custody, and under his control, un-
til final judgment in such proceedings shall be rendered : Provided, hbw-
ever, That when the property so seized may be liable to perish or become ca */£J ^^jj 1
greatly reduced in value by keeping, or when it cannot be kept without JJJJ ptopeny!"
great expense, the owner thereof or the marshal of the district may ap-
ply to the assessor of the district to examine said property ; and if, in the
opinion of said assessor, it shall be necessary that the said property should
be sold to prevent such waste or expense, he shall appraise the same ; and
the owner thereupon shall have said property returned to him upon giv-
ing bond in such form as may be prescribed by the commissioner of in-
ternal revenue, and in an amount equal to the appraised value, with such
sureties as the said appraiser shall deem good and sufficient, to abide the
final order, decree, or judgment of the court having cognizance of the
case, and to pay the amount of said appraised value to the marshal or
otherwise, as he may be ordered and directed by the court, which bond
shall be filed by said appraiser with the commissioner of internal reve-
nue. But if said owner shall neglect or refuse to give said bond, the ap-
praiser shall issue to the marshal aforesaid an order to sell the same.
And the said marshal shall thereupon advertise and sell the said property
at public auction in the same manner as goods may be sold on final exe-
cution in said district. And the proceeds of the sale, after deducting 'the
reasonable costs of the seizure and sale, shall be paid to the court afore-
said, to abide its final order, decree, or judgment.

Sec. 8. And be it further enacted, That all distilled spirits upon which . Certain dis-
an excise duty is imposed by law may be exported without payment of b^Mrted
said duty, and, when the same is intended for exportation, may, without without payment
being charged witji duty, be removed under such rules and regulations of dut y«
and upon the execution of such transportation bonds or other security *as
the Secretary of the Treasury may prescribe ; said bonds or other secu-
rity to be taken by the collector' of internal revenue of the district jfrom
which such removal is made: Provided, That the said spirits shall be
transported directly from the distillery or a bonded warehouse to a bonded
warehouse established in conformity with the law and treasury regula-
tions, at a port of entry of the United States, and used for the storage of
distilled spirits, and be placed in charge of a proper officer of the customs,
who, together with the owner and proprietor of the warehouse, shall have
the joint custody of all the distilled spirits stored in said warehouse.
And all the labor on the goods so stored shall be performed by the owner
or proprietor of the warehouse, under the supervision of the officer of the
customs in charge of the same, and at the expense of the said owner or
proprietor; and the said spirits shall also be subject to the same rules and
regulations, and be chargeable with the same co*ts and expenses, in all
respects, to which other goods that are deposited in public store for ex*
portation from the United States may be subject. And no drawback shall Drawback not
in any case be allowed on any distilled spirits upon which an excise duty allowed, &c*
shall have been paid either before or after it shall have been placed in a
bonded warehouse as aforesaid ; but no provision of this act shall be con- Certain laws
st rued to repeal existing laws which provide that distilled spirits may be "<* repealed
removed from the place of manufacture or bonded warehouse for the pur- * ereb ^*
pose of being redistilled for exportation, or which provide for the manu-
facture for exportation of medicines, preparations compositions, perfum-
ery, and cosmetics ; or which provide for an allowance or drawback oa
cordials and other liquors when exported.

Sec. 4. And be it further enacted, That from and after the passage of Duty on cot-
this act, in Ueu of the duties provided in the act referred to in the first tou -

16

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 20. 1864.

Penalty for re-
moving cotton,
with intent to
evade, &c, duty.

Cotton Bold by
government

Doty to be
marked on the
bales, &c.

Permit for re-
moval.

Duties of as-
sessors and col-
lectors iu assess-
ing and collect-
ing the duty*

Drawback.

Additional

duties on dis-
tilled spirits*

section of this act, there shall be levied, collected, and paid upon all cotton
produced or sold and removed for consumption, and upon which no duty
has been levied, paid, or collected, a duty of 'two cents per pound ; and
such duty shall be and remain a lien thereon until said duty shall have
been paid, in the possession of any person whomsoever* And further, if
any person or persons, corporation or association of persons remove,
carry, or transport the same, or procure any other )>arty or parties to
remove, carry, or transport the same from the place of its production,
with the intent to evade the duty thereon, or to defraud the government,
before said duty shall have been paid, such person or persons, corpo-
ration, or association of persons shall forfeit and pay to the United States
double the amount of said duty, to be recovered in any court of compe-
tent jurisdiction : Provided, That all cotton sold by or on account of the
government of the United States shall be free and exempt from duty at
the time of and after the sale thereof; and the same shall be marked free,
and the purchaser furnished with such a bill of sale as shall clearly and
accurately describe the same, which shall be deemed and taken to be a
permit authorizing the sale or removal thereof*

Sko* 5. And be it further enacted* That every collector to whom any
duty upon cotton shall be paid shall mark the bales, or rather [other]
packages, upon which the duty shall have been paid, in such manner as
may clearly indicate the payment thereof, and shall give to the owner, or
other person having charge of such cotton, a permit for the removal
of the same, stating therein the amount and payment of the duty, the
time and place of payment, the weight and marks upon the bales and
packages, so that die same may be fully identified* Whenever any
cotton, the product of the United States, shall arrive at any port of the
United States from, any state in insurrection against the government,
.the assessor or assistant assessor, under the acjt referred to in the first sec-
tion of this act, shall immediately assess the taxes due thereon, and shall,
without delay, return the same to the collector or deputy collector of said
district, and the said collector or deputy collector shall demand of the
owner -or other person having charge of such cotton, the tax imposed by "
this' act, and assessed thereon, unless evidence of previous payment of
said tax shall be produced, under such regulations as the commissioner
of internal revenue, by the direction of the Secretary of the Treasury,
shall from time to time prescribe ; and in case the tax so assessed shall
not be paid to such collector within thirty days after demand, the collector
or deputy collector, as aforesaid, shall institute proceedings for the recov-
ery of the tax, which shall be a lien upon said cotton from the time when
said assessment shall be made*

Sec* 6. And be it further enacted, That, from and after the date on
which this act takes effect, in computing the allowance or drawback upon
articles manufactured exclusively, of cotton when exported, there shall be
allowed, in addition to the three per centum duty which shall have been
paid on such articles, a drawback of two cents per pound upon such
articles in all cases where the duty imposed by this act upon the cotton
used in the manufacture thereof shall be satisfactorily shown to have been
previously paid, the amount of said drawback to be ascertained in such
manner as may be prescribed by the commissioner of internal revenue,
under the direction of the Secretary of the Treasury.

Sec. 7. And be it further enacted That, from and after the passage of
this act, in addition to the duties heretofore imposed by law, there shall
be levied, collected, and paid on spirits distilled from grain or other mate-
rials, whether of American or foreign production, imported from foreign
countries previous to the first day of July next, of first proof, a duty of
forty cents on each and every gallon, and no lower rate of duty shall be
levied or collected than upon the basis of first proof, and shall be increased
in proportion for any greater strength than the strength of first proof ; and

THIRTY-EIGHTH CONGRESS. Sess. L Ch.20,21. 1864

17

that upon all such spirits imported prior to the passage of this act there
shall be levied, collected, and paid an additional tax of forty cents per gal-
Ion, to he collected under the direction and according to regulations estab-
lished by the Secretary of the Treasury.

Sec. &.'And be U farther enacted, That consuls of foreign countries Certain con-
In the United States, who are not citizens thereof, shall be, and here- suU, &c. t not sob-
by are, exempt from any income tax imposed by the act referred to in ^. totheu,come
the first section of this act, which may be derived from their official
emoluments, or from property in such countries: Provided, That the Proviso,
governments which such consuls may represent shall extend similar
exemption to consuls of the United States*

Sec. 9. And be it further enacted, That the provisions of the act en- Provisions of
tided "An act further to provide for*the collection of duties on imports," (JJSS.** **'
approved March second, one thousand eigjbt hundred and thirty-three, ch 57t
now in force, shall be taken and deemed as extending to and embracing VoL iv. p. 632.
all laws for the collection of internal duties, stamp duties, licenses, or
taxes, which have been or may be hereafter enacted ;' and all persons
duly authorized to assess, receive, or collect such duties or taxes under
such laws, are hereby declared to be and to have been " revenue officers,*' Who to be
within the true intent and meaning of the said act, and entitled to all the oKta!" niVenae
exemptions, immunities, benefits, rights, and privileges therein enumer-
ated and conferred.

Approved, March 7, 1864

Chap. XXL— An Act to incorporate the Washington City Sewings Bank. March 8, 18S4.

Be it enacted by the Senate and House' of Representatives of the United
States of America in Congress assembled, That William B. Todd, William Washington
P. Dole, Edward Clark, Edward J* Simms, Joseph J. Coombs, Z/C. Bob- ^uuJcorw-
bins, Thomas S. Gardner, John R» Elvans, and Samuel B. Niles, and rated. UC ° r
their associates and successors, are constituted and created a body corpo-
rate and politic, by the name of " The Washington City Savings Bank." Name.

Sec. 2. And be it farther enacted, That the officers of said corpo- Officer; Quo
ration shall consist of a president and vice-president, who, together with rom '
seven trustees, shall constitute a board of managers, four of whom, if the
president or vice-president be present, shall constitute a legal meeting of
such board for the transaction of business*

Sec. 3. And be it farther enacted. That said corporation shall meet Annual and
annually in the month of April, and as much oftener as they may judge other meetings,
expedient, and any seven members of said corporation, the president, sec-
retary, or treasurer being one, shall be a quorum, and the said corpo- Quorum*
ration \t their annual meeting shall have power to elect a president and a President
treasurer, who shall give bond, in the sum of ten thousand dollars, for the Treasurer, his
faithful discharge of the duties of his office, and all such other officers as ^ nd *
may be deemed necessary ; which officers shall continue in office one Term of office*
year, and until others are chosen in their stead, and all officers so chosen
shall be under oath to the faithful discharge of the duties of their offices, Oattu
respectively.

Sec. 4. And be it farther enacted, That said corporation may receive
on deposit, for the use and benefit of the depositors, all sums of money Deposit*,
offered for that purpose : Provided, however, That it shall not hold at the
same time more than one thousand dollars of any one depositor, other Limit
than a religious or charitable corporation. All such sums may be invest- Investments*
ed in the stock of any bank incorporated by congress, or may be loaned
on interest to any such bank, or may be loaned on bonds or notes, with
collateral security of the stock of such banks at not more than ninety
percentum of its par value, or they may be invested in the public funds
of the United States, of the several states, or loaned on a pledge of any
of said funds, or invested in loans on mortgages of real estate : Provided,

2*

IS

THIRTY-EIGHTH CONGRESS. Sbss. I* Ch* 21, 22- 1864.

Limitation of That the whole amount of stock held by the institution at one time in
investments. ajJ ^ 0ne ^ank, both by way of investment and as a surety for loans, shall

not exceed one half of its capital stock of such bank, and that not more
than three quarters of the whole sum deposited in the institution shall be
at any one time invested in mortgages of real estate* The income or in-
Dividends. terest of all deposits shall be divided among the depositors, or their legal
representatives, according to the terms of interest stipulated ; and the
Principal, hour principal may be withdrawn at such times, or in such maimer, as the cor-
withdrawn. poration shall in its by-laws direct*

Saa 5* And be it further enacted, That no officer, director, or corn-
Officers, &c.. mittee charged with the duty of investing the deposits, shall borrow any

not to borrow of ° » A u * ° * r a

corporation. portion thereof, or use the same, except in payment of the expenses or

the corporation ; and if any officer, director, agent, or other person con-
nected with said bank, and interested with the funds or deposits thereof,
shall embezzle or fraudulently convert the same to his own use, be shall

emtaxlin^ ^ e ^ eeme ^ gPtyf °f larceny, and shall, on conviction thereof by any

funds court competent to try the offence, be imprisoned in the penitentiary not

less than one, nor more than ten, years*
Bond and safe- Sec. 6. And be it further enacted, That the subordinate officers and

rv of subordinate agents of said corporation shall respectively give such security for their
cet8 * fidelity and good conduct as the board of managers may from time to

time require, and said board shall fix the salaries of such officers and
agents*

Sec. 7* And be it further enacted, That the persons named as corpo-
Organization. rators in the first section of this act shall be authorized to meet and organ*
ize said bank by the election of one of their number as president, and
one as, vice-president, and thereupon shall proceed to elect such persons
as they shall select, not herein named as corporators, to be added to their
^J^tees and board of managers, so that the whole number of trustees, or managers,

including the president and vice-president, shall not exceed nine persons*
Sec. 8* And be it further enacted, That this corporation shall make
Annual report; an annual report to congress of their funds and investments* Said re-
turns shall specify the following particulars, namely : The number of de-
positors ; total amount of deposits ; amount invested in bank stock and
deposited in bank on interest ; amount secured by bank stock ; amount
invested in public funds ; loans on security of public funds ; loans on
mortgage of real estate ; loans on personal securities ; amount of .cash on
band $ total dividends of the year ; annual expenses of the institution ;
to be sworn to. all f which shall be certified and sworn to by the treasurer ; and five or

more of the managers shall also certify and make oath that the said re-
turn is correct according to their best knowledge and belief.
Books of -corpof- S E <j. 9. And be it further enacted, That the books of said corporation
ration to be open, sn ^ at ^ times during their hours of business, be open ibr inspection

and examination to the comptroller of the currency or depositors*

Sec. 10. And be it farther enacted, That said corporation may make
By-law; seaJ 5 by-laws for the more orderly management of their business, not repug-
' nant to law ; may have a common seal, which they may change at pleas-

ure ; that all deeds, grants, covenants, and agreements, made by their
treasurer, or any other person by their authority, shall be good and valid ;
and said corporation .shall have power to sue and may be sued, defend,
and be held to answer by the name aforesaid*
When act to Sec. 11* And be it further enacted, This act shall take effect and be
take effect j n f orce from and after its passage*

Approved, March 8, 1864

March 8, 186 4. Chap. XXII. — An Act to enable Guardians and Committees ef Lunatics, appointed in

the several States, to aci^tvithin the District ofJJolumbia*

Be it enacted by the Senate and House of Representatives of * the United
States of America in Congress assembled, That it shall be lawful for any

THIRTY-EIGHTH CONGRESS. $bs3* L Cb. 22,28,24, 1864.

19

person, appointed the committee of a lunatic, or the guardian of a minor Guardians, &c
or lunatic, by the proper authority in any state or territory of the United J^jj^jJ 25^
States, to institute and prosecute to final judgment any suit or action District of Co-
in the courts of the District of Columbia, as he might have done if his luwbia.
authority as such guardian or committee had been derived from the proper
tribunals of said district; and such committee or guardian may in the
same manner collect and receive any sum of money due to such lunatic or
minor, and may by deed, duly executed, release and convey to any party
entitled to the same, whether by purchase or otherwise, any lands or es-
tates situated in the District of Columbia, the property of such lunatic or
minor, or to or upon which such lunatic or minor may have a claim or
mortgage, in the same manner as he might have done if his authority had
been derived from the tribunals of said district: Provided, That such Proviso*
committee or guardian, before making any conveyance of real estate or
release of claim, or mortgage thereon, shall file in the orphans' court of
said district the official certificate of the judge of the court from which
such committee or guardian derived his appointment, that he has given a
sufficient bond to account to the minor or lunatic for all sums of money
received by virtue of the authority conferred by this act

Seo. 2. And be it farther enacted, That all payments heretofore made Former pay-
within the District of Columbia to the committee or guardian of a lunatic ments to such
or the guardian of a minor duly appointed at the domicil of the lunatic or SStufflcfent
minor out of the District of Columbia, in the United States, shall be good
and sufficient: Provided, That said guardian or committee shall file in Proviso,
the orphans 1 court in said district, the official certificate of the judge of
the court from which such committee or guardian derived his appoint-
ment, that he has given sufficient bond to account to the minor or lunatic
for all payments so made : And provided further. That in all cases the
evidence of the appointment and authority of such committee or guardian
shall be first recorded in the office of the orphans 1 court of said district.

Approved, March 8, 1864. *

Chap. XXHL — An Act to apportion the Expenses of the Levy Court of the County of March 8, 1864.

Washington upon the Basis of Population, ' '

Be tt enacted by the Smote and House of Representatives of ike United
States of America in Congress assembled, That from and after the pas* Experaea
sage of this act the corporate authorities of the city of Washington, the ^ordoae^ W
corporate authorities of the city of Georgetown, and the county authori-
ties of the county of Washington, in the District of Columbia, shall con-
tribute to the expenses of the levy court of the county of Washington, in-
curred on account of the orphans 1 court, the office of coroner, and the
jail of said county, whenever hereafter imposed by law, in the following
proportions, to wit : the city of Washington twelve fifteenths, the city of
Georgetown two fifteenths, and the county of Washington one fifteenth of
said expenses.

Sec. 2. And be it farther enacted, That all laws and parts of laws in- Repeal of in- ^
consibtent with the provisions of this act, be, and they are hereby, repealed, consistent laws/
Approved, March 8, 1864

Chap. XXXV. — An Act to authorize the Enrolment and License of the Steam-tugs B. F. March S, 1864^

Davidson and W* K. Afuir*

Be it enacted by the Senate and Home of Representatives of (he United
States of America in Congress assembled* That the Secretary of the Steam-tugs B.
Treasury be, and he is hereby, authorized to grant the enrolment and w^mJJ"^ 11 *
license of the steam-tugs B. F. Davidson and W. K. Muir, now owned be enrolled^and
by William Porter and William Lurksns, of Milwaukie, in the State of licensed.
Wisconsin, upon such terms, not inconsistent with law, as to him shall
seem just and proper.

Approved, March 8, 1864.

20

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 27. 1864

Ambulance^
who to have di-
rection, &c, of.

Officers and
men of the am*
buJance corps.

To be exam-
ined*

Two-horse am-
bulances to be
furnished each
army corps*

Distribution*

March 11, 1864. Chap. XX VII, — An Act to establish a uniform System of Ambulances in the Armies of
" the United States*

Be it enacted by ike Senate and House of Representatives of the United
States of America in Congress assembled, That the medical director, or
ohief medical officer, of each army corps shall, under the control of the
medical director of the army to which such army corps belongs, have the
direction and supervision of all ambulances, medicine, and other wagons,
horses, mules, harness, and other fixtures appertaining thereto, and of all
officers and men who may be detailed or employed to assist him in the
management thereof, in the army corps in which he may be serving.

Sec. 2. And be it further enacted. That the commanding officer of each
army corps shall detail officers and enlisted men for service in the ambu
lance corps of such army corps, upon the following basis, viz : one cap
tain, who shall be commandant of said ambulance corps ; one first lieuten-
ant for each division in such army corps; one second lieutenant for each
brigade in such army corps ; one sergeant for each regiment in such army
corps ; three privates for each ambulance, and one private for each' wag-
on ; and the officers and non-commissioned officers of the ambulance corps
shall be mounted : Provided, That the officers, non-commissioned officers,
and privates so detailed for each army corps shall be examined by a board
of medical officers of such army corps as to their fitness for such duty ; and
that such as are found to be not qualified shall be rejected, and others de-
tailed in their stead.

Sec. 3* And be it further enacted, That there shall be allowed and fur-
nished to each army corps two-horse ambulances, upon the following ba-
sis, to wit : three to each regiment of infantry of five hundred men or
more ; two to each regiment of infantry of more than two hundred and
less than five hundred men or more ; and one to each regiment of infan-
try of less than two hundred men ; two to each regiment of cavalry of five
hundred men or more ; and one to each regiment of cavalry of less than five
hundred men ; one to each battery of artillery, to which battery of artil-
lery it shall be permanently attached ; to the head-quarters of each army
corps two such ambulances ; and to each division train of ambulances two
array wagons ; and ambulances shall be allowed and furnished to division
brigades and commands not attached to any army corps, upon the same
basis ; and each ambulance shall be provided with such number of stretch-
ers and other appliances as shall be prescribed by the surgeon-general :
Provided, That the ambulances and wagons herein mentioned shall be
furnished, so far as practicable, from the ambulances and wagons now in
the service.

Sec. 4* And be it farther enacted, That horse- and mule-Utters may be
adopted or authorized by the Secretary of War, in lieu of ambulances,
when judged, necessary, under such rules and*regulations as may be pre-
scribed by the medical director of each army corps.

Sec. 5. And be it further enacted, That the captain shall be the com-
mander of ail the ambulances, medicine, and other wagons in the corps,
under the immediate direction of the medical director, or chief medical
officer of the army corps to which the ambulance corps belongs. He
shall pay special attention to the* condition of the ambulances, wagons,
horses, mules, harness, and other fixtures appertaining thereto, and see
that they are at all times in readiness for service ; that the officers and
men of the ambulance corps are properly instructed in their duties, and
that their duties are performed, and that the regulations which may be
prescribed by the Secretary of War, or the surgeon-general, for the gov-
ernment of the ambulance corps are strictly observed by those under his
command. It shall be his duty to institute a drill in his corps, instructing
bis men in the most easy and^ expeditious manner of moving the sick and
wounded, and to require in all cases that the sick and wounded shall be
treated with gentleness and care, and that the ambulances and wagons are

Horse and
mule litters.

Captain, au-
thority and du-
ties of.

Condition of
ambulances.

Instruction of
officers and men.

Drill.

THIRTY-EIGHTH CONGRESS. Sess. L Ch.27. 1864

21

at ail times provided with attendants, drivers, horses, mules, and what-
ever may be necessary for their efficiency ; and it shaft be his duty also
to dee that the ambulances are not used for any other purpose than that
for which* they are designed and ordered* It shall be the duty of the
medical director, or chief medical officer of the army corps, previous to a Orders to be
march, and previous to and in time of action, or whenever it may be ne- fes^ed previous to
cesctary to use the ambulances, to issue the proper orders to the captain for SoST^^ or
tho attribution and management of the same, for collecting the sick and
wounded, and conveying them to their destination* And it shall be die
duty of the captain faithfully and diligently to execute such orders ; and
the officers of the ambulance corps, including the medical director, shall
make such reports, from time to time, as may be required by the Secre- Keporte.
tary of War, the surgeon-general, the medical director of the army, or
the commanding officer of the army corps in which they may be serving ;
and all reports to higher authority than the commanding officer of the
army corps shall be transmitted through the medical director of the army
to which such army corps belongs.

Sec. 6. And be it further enacted, That the first lieutenant assigned to First lieuten-
the ambulance corps for a division shall have complete control, under the jjjjjj JJJJjJ^
captain of his corps and the medical director of the army corps, of all the
ambulances, medicine, and other wagons, horses, mule$, and men in that
portion of the ambulance corps* He shall be the acting assistant-quarter-
master for that portion of the ambulance corps, and will receipt for and
be responsible for all the property belonging to it, and be held responsible
for any deficiency in anything appertaining thereto. He shall have a
travelling cavalry forge, a blacksmith, and a saddler, who shall be under
his orders, to enable him to keep his train in order* He shall have author*
ity to draw supplies from the depot quartermaster, upon requisitions ap-
proved by the captain of his corps, the medical director, and the commander
of the army corps to which he is attached* It shall be his duty to exer-
cise a constant supervision over his train in every particular, and keep it
at all times read/for service. ^

Seo. 7. And be it further enacted. That the second lieutenant shall Second Beaten-
have command of the portion of the ambulance corps for a brigade, and
shall be under the immediate orders of the first lieutenant, and be shall
exercise a careful supervision over the sergeants and privates assigned to
the portion of the ambulance corps for his brigade ; and it shall be the
duty of the sergeants to conduct the drills mid inspections of the ambu-
lances under his orders, of their respective regiments.

Sec. 8. And be it further enacted, That the ambulances in the armies . Ainbulances to
of the United States shall be used only for the transportation of the sick & ™ y *
and wounded, and, in urgent cases only, for medical supplies and all
persons shall be prohibited from using tbem, or requiring them to be used,
for any other purpose. It shall be the duty of the officers of the ambu-
lance corps to report to the commander of the army corps any violation
of the provisions of this section, or any attempt to violate the same. And
any officer who shall u*e an ambulance, or require it to be used, for any
other purpose than as provided in this section, shall, for the first offence, Penalty,
be publicly reprimanded by the commander of the army corps in which
he may be serving, and for the second offence shall be dismissed from the
service.

Sec- 9*- And be it further enacted, That no person except the proper What officers
medical officers, or the officers, non-commissioned officers, and privates of t^e^e wu»d?
the ambulance corps, or such persons as may be specially assigned, by ed, &c to the
competent military authority, to duly with the ambulance corps for the rear *
occasion, shall be permitted to take, or accompany sick or wounded men
to the rear, either on the march or upon the field of battle.

Sec. 10. And be it further enacted, That the officers, non-commissioned
officers, and privates of the ambulance corps shall be designated by such Designation;

22

THIRTY-EIGHTH CONGRESS. Sess.L Ch. 27, 28, 30, 1864

uniform of the
corps.

Officers and
men, how de-
tailed, &c

Karnes of of-
ficers and men
to be sent to o£
fice of adjutant*
general.

Report of con-
duct, &c

Authority of
commanders not
impaired by this
act.

uniform, or in such manner as the Secretary of War shall deem proper :
Provided, That officers and men may be relieved from service in said
corps, and others detailed to the same, subject to the examination provided
in the second section of this act, in the discretion of the commanders of
the armies in which they may be serving.

Sec. 11. And be it farther enacted) That it shall be the duty of the com*
mander of the army corps to transmit to the adjutant-general the names
and rank of all officers and enlisted men detailed for service in the ambu-
lance corps of such army corps, stating the organizations from which they
may have been so detailed ; and if such officers and men belong to volunteer
organizations,, the adjutant-general shall thereupon notify the governors
of the several states in which such organizations were raised, of their de-
tail for such service ; and it shall be the duty of the commander of the
army corps to report to the adjutant-general, from time to time, the con*
duct and behavior of the officers and enlisted men of the ambulance corps,
and the adjutant-general shall forward copies of such reports, so far as
they relate to officers and enlisted men of volunteer organizations, to the
governors of the states in which such organizations were raised.

Sec. 12. And be it farther enacted, That nothing in this act shall be
construed to diminish or impair the rightful authority of the command-
ers of armies, army corps, or separate detachments, over the medical
and other officers, and the non-commissioned officers and privates of their
respective commands.

Approved, March 11, 1864

March U, 1864. Chap. XXVIII. — An Act to constitute Parkersburg, in tie State of West Virginia, a
' Port of Ddivery.

Be it enacted by the Senate and Bouse of Representatives of the United
Parkersburg, la States of America in Congress assembled, That Parkersburg, in the State
W de a portor* West Virginia, shall be, and is hereby, constituted a port of delivery,
delivery? within the collection district of New Orleans ; and there shall be ap~

pointed a surveyor of customs to reside at said port, who shall, in addi-
tion to his own duties, perform the duties and receive the salary and
emoluments prescribed by the act of congress approved on the second of
March, eighteen hundred and thirty-one, for importing merchandise into
Pittsburg, Wheeling, and other places*
Approved, March 11, 1864.

March 14, 1864* &haf. XXX. —An Act to supply Deficiencies in the Appropriations fir the Service of (he
" — Fiscal Year ending the thirtieth of June, eighteen hundred and sixiwfour, and for other
Purposes*

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums be,
Deficiency and the same are hereby, appropriated to supply deficiencies in the ap-
propriation propriations for the fiscal year ending the thirtieth of June, eighteen
for l 04. hundred and sixty-four, out of any money in the treasury not otherwise

appropriated:—

Southeast For contingent expenses of the S&utbeast executive building, including

Executive build- the extension, viz : For fuel, labor, light, and miscellaneous items, thirteen
3* thousand three hundred and five dollars*

Branch mint For supplying *a deficiency in the current expenses of the branch mint
at Denver. at Denver, for the current fiscal year, eighteen thousand three hundred

and seventy-seven dollars and sixty-nine cents*

Interior De- Interior Department. — For compensation of returns clerk, from Jan-
partment uary first to June thirtieth, eighteen hundred and sixty-four, six hundred

Returns clerk dojlars*

Survejor-gen- For'compensation of the surveyor-general of Illinois and Missouri, to
eral. the thirty-iirst of October, eighteen hundred and sixty-three, when the

THIRTY-EIGHTH CONGRESS. Sess.I Ch.80. 1864.

28

office was closed, one thousand six hundred and sixty-eight dollars and
forty-eight cents.

For compensation of the surveyor-general of Arizona, and the clerks
in his office, four thousand two hundred and fifty dollars.

To supply deficiencies in the Department of Agriculture for the cur- Department of
rent year, as follows : — Agriculture,

For the purchase of sorghum seed, two thousand dollars.

For rebuilding shop in the propagating garden, eight hundred dollars.

For postage, thirteen hundred and twenty dollars.

For carpets, furniture, and cans for fruit, three hundred and fifty dol-
lars.

For fuel, three hundred dollars*

War Department — For supplying a deficiency in the appropriations War Depart-
for the payment of the clerks, messengers, copyists, and laborers in the m ^.. ~
office of the quartermaster-general, one hundred and fifty-six thousand '
six hundred and fifty-one dollars and sixty-six cents.

For salary of an additional assistant secretary of war, fifteen hundred Additional as-
dollars. sl8tftut secreta, 7-

To supply a deficiency in the appropriation for the purchase and manu- Arms, ord-
facture of arms for volunteers and regulars, ordnance and ordnance stores, ^^'atorea^"
seven millions seven hundred thousand dollars.

To supply' a deficiency in the appropriation for the manufacture of
arms at the national armory, seven hundred thousand dollars.

To supply a deficiency in the appropriation for the surgeon-general's Surgeon-gen-
department, to wit : — £

For medical instruments and dressings, one million three hundred thou- instruments
sand dollars* and dressings.

For hospital stores, bedding, etc., one million two hundred thousand Hospital stores,
dollars. &c -

For hospital furniture and field equipments, three hundred thousand
dollars.

For books, stationery, and printing, thirty-six thousand dollars. Books, &c

For ice, fruits, and other comforts, one hundred thousand dollars* Ice, fruits, &c

For hospital clothing, forty thousand dollars.
For citizen-nurses, thirty-eight thousand dollars.
For sick soldiers in private hospitals, seventeen thousand dollars.
For artificial limbs for soldiers and seamen, sixteen thousand dollars. Artificial
For citisen-physicians and medicines furnished by them, one hundred ™ to Z enH>hvsi-
and eighty-five thousand dollars.

ci&us»

For hire of clerks and laborers in purveying depots, twenty-five thou-
sand dollars.

For contingent expenses of the medical department, five thousand dol-
lars.

For medicines and medical attendance for negro refugees, commonly * Contrabands,
called u contrabands," thirty-three thousand dollars.

For washing and washing-machines for hospitals, where matrons cannot
be employed, one thousand dollars.

To supply a deficiency in the appropriation for the subsistence of the Subsistence
army, to wit : — ^ department.

For volunteers and drafted men, five millions eight hundred and twenty-
four thousand dollars.

For employees, six hundred [and] forty thousand six hundred and forty
dollars.

For women, two hundred [and] eighteen thousand and four hundred
dollars.

To supply a deficiency in the appropriation for the engineer depart- Engineer de-
ment : — partment.

For contingencies of fortifications, including field-works, five hundred Fortifications*
thousand dollars.

24

THIB1Y-EIGHTH CONGBESS. Sbss, I. Cm. 30. 1864

^f* 63 ™**!* To supply a deficiency in the appropriation for tfce quartermaster's de-
ter s department, p^^^ to wit : —

For purchase of cavalry and artillery horses, seventeen millions five
hundred thousand dollars*

For regular supplies of the quartermaster's department, eighteen mil-
lions five hundred thousand dollars*

For barracks, quarters, etc., three millions five hundred thousand do!*
lars*

For transportation of the army, thirty millions of dollars.
For incidental expenses of the quartermaster's department, two mill-
ions of dollars.

For transportation of officers' baggage* one hundred thousand dollars*

agar* p Fw clotbm «' ^ *** s arrison seven mmm » ° f a ° iiara -

Adjutant-Gea-
*raJ*3 depart-
ment.

Navy depart-
ment*

Horses.

Supplies.
Barracks.

Transport*,
tioiu

Naval acad-
emy.

Norfolk navy

yard*

Works at Port
Eoyah

To supply a deficiency in the appropriation for the adjutant-general's
department: —
For purchase of books of tactics, twenty-five thousand dollars.
]$avy Department, — To supply a deficiency in the appropriation for
fuel, and equipment and recruiting, in the bureau of equipment and re-
cruiting, two million dollars.

To supply a deficiency in the appropriation for clothing for the navy,
three hundred and fifty thousand dollars.

To supply a deficiency in the appropriation for contingent expenses of
the naval academy, thirty-eight thousand dollars.
Codification ^ For salary of commissioner to codify the naval laws, under joint reso*

na vn? tTi^ft sm lution of March third, eighteen hundred and sixty-three, three thousand
vol xi, p. 825, ^ and ^f tbree do]larg aml s5xty _ 8e 7 V e„ eente.

For additional repairs at the Norfolk navy yard, one hundred and fifty
thousand dollars.

For wharf, machine-shop, bridge, buildings for naval stores, and other
works at Port Boyal, South Carolina, one hundred and forty-four thou*
sand and six hundred dollars.
Foundry, &c To supply a deficiency in the appropriation for filling in the grounds
atBrooklya aavy f or the new foundry at the Brooklyn navy yard, forty-five thousand uine
y hundred and seventy-five dollars.

For temporary storehouse for provisions at the Brooklyn navy yard,
two thousand dollars.

For temporary storehouse for provisions at the Boston navy yard, two
thousand dollars.

State Department — For salary of the minister at Salvador, from April
sixteenth, eighteen hundred and sixty-three, to June thirtieth, eighteen
hundred and sixty-four, at seven thousand five hundred dollars per an-
num, nine thousand sixty-two dollars and fifty cents.
Miscellaneous. — For salaries of clerks, messengers, watchmen, and
Assistant treaa- porter, in the ofilce of the assistant treasurer at New York, twelve thou-
um * sand dollars.

For additional allowance to clerks in the office of the assistant treas-
urer at Boston, two thousand dollars.

For compensation to designated depositaries, two thousand dollars.
For salaries of designated depositary at Santa F£, New Mexico, and
t&e clerk, watchman, and porter in his office, four thousand eight hundred
dollars.

For supplying deficiency in the appropriation for facilitating communi-
cation between the Atlantic and Pacific States by electrical telegraph,
twenty thousand dollars*

For refunding to the appropriation for the treasury extension the
amount of payments made out of that fund for furniture, night-watch, and
other miscellaneous items, one hundred and fifty thousand dollars.

For the continuation of the north wing of the treasury extension, fencing
grading, and miscellaneous items, two hundred and fifty thousand dollars*

Bostooaavy
yard.

State depart-
ment.

Miscellaneous*

Klectric tele-
graph.

Treasury ex-
tension*

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 30. 1864

25

For furniture, carpets, and miscellaneous items for die treasury build-
ing, twenty-five thousand dollars*

For the payment of claims due various parties for furniture and for the New York
alterations in the offices of the assistant treasurer and collector of customs Cutem-boose*
at New York, and for constructing burglar-proof vaults, eighty thousand
dollars*.

For completing the repairs of the government warehouse on Staten
Island, ten thousand dollars*

For alterations of the custom-house at Cincinnati, Ohio, twenty-five ^Custom-houses,
thousand dollars. ,

For alterations of the custom-house at Louisville, Kentucky, fifteen
thousand dollars.

For completion of the custom-house at Dubuque, Iowa, thirty thousand
dollars.

For repairs and preservation of custom-houses, marine hospitals, and
other public buildings, under the supervision of the treasury depart-
ment, ten thousand dollars.

For furniture and repairs of furniture of the various public buildings,
under the supervision of the treasury department, five thousand dol-
lars.

For the payment of Ephraim Swett, for services as superintendent of Epbraim
the custom-house at Belfast, Maine, nine hundred and ninety-two dollars* Swett

For erecting new furnaces in the basement of the east wing of the pat- Patent-office
ent-office building, fifteen thousand dollars. bunding.

For repairs of rooms in sub-basement of the west wing of the patent-
office building, five thousand dollars.

For the capitol extension, one hundred and fifty thousand dollars. Capitol exten-

For the construction of water-closets in the basement of the south front 8 * on *
of the patent-office building, two thousand dollars.

For deficiency in the appropriation for keeping in repair and partially Fost-oifice
finishing and furnishing the post-office building, nine thousand one hun- building;
dred and seventy-one dollars and ninety-nine cents*

For the completion of the post-office building in Philadelphia, twenty- Pfailadel-
five thousand, dollars* p

For deficiency in the appropriation fbr salaries and expenses of the ^^gj^f ^}
commissioners appointed under the fifth section, act of sixteenth February, cn * §7^5. Vol!
eighteen hundred and sixty-three, three thousand five hundred dollars* xii. p. 653.

For deficiency to pay salary of one Indian agent, each, in Utah and
Nevada Territory, from third March, eighteen hundred and sixty-three, j n utohanl^
to the first July, eighteen hundred and sixty-four, at five hundred dollars vada.
' per annum, as increase pay, one thousand three hundred and thirty-three
dollars and thirty-three cents.

To supply deficiency in the appropriation fbr the public printing, one . Public print-
hundred and eleven thousand dollars : Provided, That hereafter no print- iD S» P*pwr>
ing or binding shall be done, or blank books be procured for any of the i n gJ&<£to be^"
executive departments of the government without a written requisition on done only on
the superintendent of public printing from the head of such department, written order,
or for either house of congress, except on the written order of the sec- c *
retary of the Senate or clerk of the House of Representatives, for which Post, p- 118.
said printing, binding, or blank books may be required* And the said
superintendent, in his annual report, shall hereafter be required to report Report of Su-
the amount of work ordered and done, with a general classification there- P enntendent *
of, for each department*

To supply a deficiency hi the appropriation for 'paper for the public print-
ing, three hundred and seventy-four thousand dollars.

To supply a deficiency in the appropriation for the public binding, one ' Binding,
hundred thousand dollars.

For lithographing and engraving for the House of Representatives, ten tithographJiiff,
thousand dollars* & *

toi». xiii. Pub. — 3

26

THIRTY-EIGHTH CONGRESS* Sess.J. Ch. 30. Id64

For mapping, in cases pending in the supreme court of the United
States, nine thousand dollars.
Light-house To supply deficiency in the appropriation for the support of die light*
establishment, house establishment, fourteen thousand one hundred and fifty-six dollars

and sixty-five cents.

For rebuilding light-house at Cape Charles, Virginia, twenty thousand
dollars.

Stationery To supply a deficiency in the appropriation for stationery in the treas-
ury department, twenty thousand dollars.

Ordnance, && To supply a deficiency in the appropriation for ordnance, ordnance
men* 77 departr stores, labor, and contingent expenses in the bureau of ordnance of the

navy department, two million seven hundred and forty thousand dollars:

Proviso. Provided, however, That no money shall be paid under this item of appro*
priation except for deficiencies actually existing upon contracts made by

Naval hospj- the navy department
tals and asylum. p 0P erecting naval hospital at Kittery, Maine, twenty-five thousand dol-

Port, p. 841, Jars.

Po$t T pp. 406, 467. For extending navd asylum at Philadelphia, seventy-five thousand dol

lars.

For erecting naval hospital at Washington City, District of Columbia,
twenty-five thousand dollars.
Capitol police. To supply a deficiency in the appropriation for capitol police for the
Senate, four thousand and three dollars and seventy-five cents.

To supply a deficiency in die appropriation for stationery for the Sen-
ate, six thousand dollars.
Miscellaneous, To supply a deficiency in the appropriation for miscellaneous items
for Senate. for the Senate, twenty thousand dollars: Provided, That hereafter no
Payments from payment shall be made from the contingent fund of either house of con-
contingent fund, gress, unless sanctioned by the committee to audit and control the contin-

gent expenses of the Senate, or the committee on accounts of the House
of Representatives, respectively ; and no transfer of balances of appropri-
ations shall be made from one fund to another, except by law.
Officers j&c. of ^o SW PP^7 a deficiency in the appropriation for compensation of the
House of kepre- officers, clerks, messengers, and others receiving an annual salary in the
seutativea. employ of the House of Representatives, seven thousand three hundred

and sixty-five dollars and nineteen cents.

To enable the librarian of congress to employ an additional laborer
from February first to the end of the current fiscal vear, two hundred and
eight dollars.

For contingent expenses of the House of Representatives, viz: For
clerks to committees, and temporary clerks in the office of the House of
Representatives, one thousand eight hundred and sixty-six dollars.

For folding documents, forty thousand dollars.

For fuel and lights, including pay of engineers, firemen, and laborers,
repairs and materials, six thousand five hundred dollars.

For furniture, repairs, and packing-boxes for members, eight thousand
five hundred dollars.

For laborers, eight hundred and thirty-two dollars and seventy-eight
cents.

For stationery, nine thousand dollars.
Transfer of Sec. 2. And be it further enacted, That the remainder or unexpended
balance for en- balance of twenty-one thousand two hundred and seven dollars and fifty-
s s ' ' six cents, for engraving, electrotyping, and lithographing, be, and the same

is hereby, transferred to the miscellaneous item of the contingent fund of
the House of Representatives.
Additional as- ^£0. & & e & farther enacted, That the President shall appoint, in
extant secretary the treasury department, by and with the ad.vice and consent of the Sen-
of the treasury. ate> an additional assistant secretary of the treasury, whose salary shall

be three thousand dollars per annum, who shall perform all such duties

THIBTY-EIGHTH CONGRESS. Sbss.1. Ch.80- 1864

27

in the office of the Secretary of the Treasury, belonging to that depart- Salary and din
meat, as shall be prescribed by the Secretary of the Treasury, or as may
be required by law ; and the sum of two thousand dollars, or so much
thereof as may be found necessary, be, and the same is hereby, appropri-
ated, out of any money in the treasury not otherwise appropriated, for the
payment of said salary for the current fiscal year.

Sec. 4 And be it further enacted. That there be appropriated, to sup- Coal, &&,
ply deficiencies for repair of the coal- and landing-wharf at Key West, to at y
erect a crane thereon, and to cover the extension of the machine-shop at
that point, ten thousand dollars.

Sso. 5. And be it further enacted, That there be appropriated, for pay- Letter-carriers*
ment of letter-carriers to July first, eighteen hundred and sixty-four, to
be paid out of the revenues of the post-office department, one hundred
and fifty thousand dollars.

Sec. 6. And be it further enacted, That in addition to the clerical force Additional
now authorized by law, the following clerks and employees are hereby clerks<
authorized in the several departments and offices hereinafter specified, to
be employed and continue only during the 'rebellion, and for one year
after its close, viz : —

In the office of the Secretary of the Treasury, one clerk of class four, Office of Secre-
one of class three, eight of class two, and fourteen of class one. taryof reasury*

In the construction branch of the treasury, one superintending archi-
tect, one assistant architect, two clerks of class four, four of class three,
two of class one, and one messenger at an annual salary of six hundred
dollars.

In the first comptroller's office, five clerks of class four, and one clerk First comp-
of class four substituted for one of class one. troller.

In the second comptroller's office, five clerks of class four, six of class Second corap*
three, ten of class two, and fifteen of class one. trolley

In the first auditor's office, two clerks of class four, and one of class first auditor,
two.

In the second auditor's office, fifteen clerks of class three, fifty of class Second audi-
two, and one hundred and forty of class one, and one clerk at nine hun- to ?*
dred dollars per annum.

In the third auditor's office, two clerks of class four, two of class Third auditor,
three, five of class two, twenty-four of class one, and one messenger at a
salary of seven hundred dollars per annum, and two laborers at an an-
nual salary of six hundred dollars each*

In the fourth auditor's office, five clerks of class four, nine of class Fourth audi-
three, nine of class two, thirty-five of class one, and one laborer at an tor *
annual salary of six hundred dollars.

In the fifth auditor's office, one clerk of class four, to be substituted Fifth auditor,
for one of class three.

In the treasurer's office, four clerks of class four, two of class three, Treasurer's
seventeen of class two, and six of class one. office.

In the register's office, four clerks of class four, six of class three, six Register,
of class two, eight of class one, and one messenger at a salary of seven
hundred dollars per annum.

In the office of the commissioner of customs, one clerk of class three, Commissioner
three of class two, and four of class one. * custom8 *

In the office of the Secretary of the Navy, two clerks of class four. Secretary of

In the office of the adjutant-general, two clerks of class four, eight * V J;
of class three, nineteen of class two, and seventy-four of class one* eral. U " gea *

In the office of the quartermaster-general, fifteen clerks of class three, Quartermaster
thirty-five of class two, one hundred and ten of class one, and six labor- general.
ei*s at an annual salary of six hundred dollars each.

In the paymaster-general's office, nine clerks of class three, twenty- Paymaster-
six of class two, seventy-five of cluss one, three messengers at an annual general,
salary of eight hundred and fony c'ollars each, and four watchmen at an
annual salary of six hundred dollar- each.

28

THIRTY-EIGHTH CONGRESS. Sjbss. L Ch. 30, 81. 1BBL

Commissary* In the commissary-general's office, ten clerks of class two, and thirty
genera1 ' of class one.

Chief of oid- In tne office of the chief of ordnance, two clerks of class four, seven
nance. f class three, eleven of class two, seventy-four of class one, and nine

laborers at an annual salary of six hundred dollars each.
Chief engi- In the office of the chief engineer, one clerk of class four, and one
ueer * of class two.

And the several clerks and employees authorized by this section shall
Appointment, be appointed by the heads of the departments to which they are severally
attached, and the amount necessary to pay their salaries from the time
Appropriation of their appointment to the thirtieth of June, eighteen hundred and
for salaries. sixty-four, is hereby appropriated therefor ; and the heads of the said
Females may several departments are hereby authorized to employ females instead of
be employed. any of the clerks hereinbefore designated, at an annual compensation not

exceeding six hundred dollars per year, whenever, in their opinion, the
same can be done consistently with the interests of the public service :
This to include Provided, however. That the clerks hereby authorized in the Treasury
clerks^ P0r&17 Department and its bureaus shall not be m addition to the temporary

clerks now employed therein, under former appropriations for that pur-
pose, but shall include the same.
Limit of office Sec. 7. And be it further enacted. That so much of the act entitled
of assistant regis- « ^ n ^ to provide for the appointment of an assistant register of the
Zl^r*" Treasury Department, and a sSor for the War Depart^*, dnd for
pealed. other purposes," approved February twentieth, eighteen hundred and

1868, ch. 44. sixty-three, as limits the office of the assistant register of the Treasury
* p to a term of one year, is hereby repealed.
Approved, March 14, 1864*

1850, ch. 76.
Vol. ix, p. 496.

March 14, 1864. Chap* XXXI. — An Act in Retotim to Vmversity Lands in Washington Territory.

lan^^Wash- Whereas it is declared in the fourth section of the act of congress
ington^Territory. approved July seventeenth, eighteen hundred and fifty-four, amenda-
Preamble. tory of the act approved September twenty-seventh, eighteen hundred

and fifty, creating the office of surveyor-general of the public lands in
Oregon, etc*, "that in lieu of the two townships of land granted to the
Territory of Oregon, by the tenth section of the act of eighteen hun-
dred and fifty, for universities, there shall be reserved to each of the
Territories of Washington and Oregon, two townships of land of thirty-
six sections each, to be selected in legal subdivisions, for university
purposes, under the direction of the legislatures of said territories,
respectively ; * and whereas it is represented that sales have been made
by territorial authorities of lands selected in virtue of the terms of
said act of seventeenth July, eighteen hundred and fifty-four, author-
izing selections to be "reserved,*" merely under the conviction that they
had the power to dispose of the same as a fee-simple grant: There-
fore,

Be it exacted by the Smote and Bouse of Representatives of the United
States of America in Congress assembled, That in all cases of sales made
to individuals by the territorial authorities prior to the passage of this act,
in which it may be shown to the satisfaction of the Secretary of the Inte-
rior, that such sales were bona fide and of the class hereinbefore men-
tioned, and that the tracts so sold are selections in all other respects reg-
ular and proper, it shall and may be lawful for the said Secretary to
approve such selection as a grant in fee-simple, and a transcript, certified
under the seal of the general land-office by the commissioner thereof,
of such approval, shall vest the title in the territory and in its bona fide
vendees.
Approved, March 14, 1864.

1854, ch. 84,
$4.
Vol. x. p. 305.

Bona fide sales
approved.

THIRTY-EIGHTH CONGRESS. Sess. I Ch. 33, 34. 1864

29

Chap. 1UUL1LL.—An Act to amend an Act entitled « An Act to regulate Trade and In- March 16, 1864.
tercourse unih the Indian Tribes, and to preserve Peace en ike Frontier*" approved June yn
ikirtieth, eighteen hundred and thirty-four. §

Be it. enacted by the Senate and House of Representatives of the United VoL iv * P* 73a »
States of America in Congress assembled, That the twentieth section of
the w Act to regulate trade and intercourse with the Indian tribes and to
preserve peace on the frontiers," approved Jane thirtieth, eighteen hun-
dred and thirty-four, be, and die same is hereby, amended so as to read as
follows, to wit j u Sec. 20. And be it further enacted, That if any person
shall sell, exchange, give, barter, or dispose of any spirituous liquors or
wine to any Indian under the charge of any Indian superintendent or
Indian agent appointed by the United States, or shall introduce or attempt penalty for
to introduce any spirituous liquor or wine into the Indian country, such selling or giving,
person, on conviction thereof, before the propef district or circuit court of ^^fSwrtain
the United States, shall be imprisoned for a period not exceeding two jndians.
years, and shall be fined not more than three hundred dollars : Provided, Proviso,
however, That it shall be a sufficient defence to any charge of introducing
or attempting to introduce liquor into the Indian country if it be proved to
be done by order of the War Department, or any officer duly authorized
thereunto by the War Department And if any superintendent of Indian Indian agents,
affairs, Indian agent, or sub-agent, or commanding officer of a military
post, has reason to suspect or is informed that any white person or Indian &JT^
is about to introduce or has introduced any spirituous liquor or wine into
the Indian country in violation of the provisions of this section, it shall be
lawful for such superintendent, agent, sub-agent, or commanding officer,
to cause the boats, stores, packages, wagons, sleds, and places of deposit
of such person to be searched ; and if any such liquor is found therein, the ^laquors, boats,
same, together with the boats, teams, wagons, and sleds used in convey- j^ted?
ing the same, and also the goods, packages, and peltries of such person
shall be seized and delivered to the proper officer, and shall be proceeded
against, by libel in the proper court, and forfeited, one half to the in-
former and the other half to the use of the United States ; and if such
person be a trader, his license shall be revoked and his bond put in suit
And it shall moreover be the duty for any person in the service of the
United States, or for any Indian, to take and destroy any ardent spirits or Ardent spirits
wine found in the Indian country, except such as may be introduced to destroyed,
therein by the War Department And in all cases arising under this act Indians compe-
Indians shall be competent witnesses* 19 tent witnesses.

Approved, March 15, 1864.

Chap. XXXIV. —An Act making Appropriation* for the Service of the Post-Office.De- March 16, 186^
partment timing the Fiscal Year ending the thirtieth of June, eighteen hundred and sixty- **
Jive,

Be it enacted by the Senate and Eoi/se of Representatives of the United

States of America in Congress assembled, That the following sums be, and ^J 1 ^^^^
the same are hereby, appropriated, for the service of the Post-Office Department
Department for the year ending June thirtieth, eighteen hundred and
sixty-five, out of any moneys in the treasury arising from the revenues
of the said department, in conformity to the act of the second of Jury,
eighteen hundred and thirty-six : — >

For transportation of the mails, (inland,) seven million eight hundred Transportation
and forty-nine thousand dollars. of mails.

For foreign mail transportation, two hundred and fifty thousand dollars. Ship, &c>, let-

For ship, steamboat, and way letters, eight thousand dollars* teia *
( For compensation to postmasters, three million one hundred thousand Postmasters*
dollars.

For clerks for post offices, one Bullion one hundred and sixty-eight Clerks,
thousand dollars.

For payments to letter-carriers, six hundred and forty thousand dollars. Utter-cantos.

30

THIRTY-EIGHTH CONGRESS. Sess. t Ch. 85, 86. 1SU.

Wrapping-pa- For wrapping-paper, eighty-eight thousand dollar
per, twme, &c For twine, sixteen thousand dollars.

For office stamps, five thousand dollars.
For letter balances, two thousand five hundred dollars.
Blank agents, For compensation to blank agents and assistants, six thousand five hun-
&c * dred dollars.

For office furniture, two thousand dollars.
For advertising, thirty-five thousand dollars.
Postage stamps For postage stamps and stamped envelopes, ninety thousand dollars,
and stamped F r mail depredations and special agents, sixty thousand dollars.
b^laldJo^* For mail-bags, sixty thousand dollars.
&c. For mail locks and keys, ten thousand dollars.

Foreign balances. For payment of balances due to foreign countries, two hundred thou-
sand dollars.

Miscellaneous. For miscellaneous payments, two hundred thousand dollars.

Sec. 2. And he it further enacted, That if the revenues of the Post-
Deficiency ap- Office Department shall be insufficient to meet the appropriations of tins
propitiation, if ac + ^ en tDe 8um f 0De million five hundred thousand dollars, or so much
necessary. m may he necesgaryj be? and the me is bereb y, appropriated, to •

be paid out of any money in the Treasury not otherwise appropriated, to
supply deficiencies in the revenue of the Post-Office Department for the
year ending the thirtieth of June, eighteen hundred and sixty-five.
Approved, March 16, 1864.

Marc h 16, 1864. Chap. XXXV. "An Act in Addition to an Act to amend the Laws rioting to the Post-
1863. ch. 71, 4 Office Department, approved March three, eighteen hundred and sixtyJhree.

Vol. xiL p. 708. Be it enacted by the Senate and Souse of Representatives of the United
Franking priv- States of America in Congress assembled, That the franking privilege of
s^t^vloe*- * ne President and the Vice-President of the United States shall extend
President. to and cover all mail matter sent from, or directed to, yitber of them.

Approved, March 16, 1864.

March 21, 1864. Chap. XXXVI. — An Act to enable the People of Nevada to form a Constitution and

State Government, and for the Admission of such State into tlie Union on an equal Footing
toith the original States.

Be it enacted by the Senate and House of Representatives of the United
Territory of States of America in Congress assembled, That the inhabitants of that
SS&cT^ 6 * P 01 ** 011 °^ ti 16 territory of Nevada included in the boundaries herein-

after designated be, and they are hereby, authorized to form for them-
selves, out of said territory, a state government, with the name afore-
said, which said state, when formed, shall be admitted into the Union
upon an equal footing with the original states, in all respects whatso-
ever.

Boundaries. Sec. 2. And be it further enacted. That the said state of Nevada shall
consist of all the territory included within the following boundaries, to
wit : Commencing at a point formed by the intersection of the thirty-
eighth degree of longitude west from Washington with the thirty-seventh
degree of north latitude ; thence due west along said thirty-seventh de-
gree of north latitude to the eastern boundary line of the state of Cali-
fornia ; thence in a northwesterly direction along the said eastern boun-
dary line of the state of California to the forty-third degree of longitude
west from Washington; thence north along said forty-third degree of
west longitude and said eastern boundary line of the state of California
to the forty-second degree of north latitude ; thence due east along the
said forty-second degree of north latitude to a point formed by its inter
section with the aforesaid thirty-eighth degree of longitude west from
Washington ; thence due south down said thirty-eighth degree of west
longitude to the place of beginning.

THIRTY-EIGHTH CONGRESS.- Sess.I. Ch. 86. 1864.

31

Sec. 3. And be it further enacted, That all persons qualified by law to Who may vote
vote for representatives to the general assembly of said territory, at the at fet elections
date of the passage of this act shall be qualified to be elected, and they
are authorized to vote for and choose representatives to form a conven-
tion, under such rules and regulations as the governor of said territory
may prescribe ; and also to vote upon the acceptance or rejection of such
constitution as may be formed by said convention, under such rules and
regulations as the said convention may prescribe $ and if any of said citi* Enlisted wi-
zens are enlisted in the army of the United States, and are still within *****
said territory, they shall be permitted to vote at their place of rendez-
vous ; and [if] any are absent from said territory, by reason of their
enlistment in the army of the United States, they shall be permitted to
vote at their place of service, under the rules and regulations in each
case to be prescribed as aforesaid ; and the aforesaid representatives to Apportionment
form the aforesaid convention shall be apportioned among the several of representa-
counties in said territory in proportion to the population as near as may Uve8 *
be ; and said apportionment shall be made for, said territory by the gov-
ernor, United States district-attorney, and chief justice thereof, or any two
of them ; and the governor of said territory shall, by proclamation on or
before the first Monday of May next, order an election of the'representa- Time of first
tives as aforesaid to be held on the first Monday in June thereafter through- election » &c *
out the territory, and such election shall be conducted in the same manner
as is prescribed by tbe laws of* said territory regulating elections therein
for members of the house of representatives, and the number of mem-
bers to said convention shall be the same as now constitute both branches
of the legislature of the aforesaid territory*

Sec. 4. And be it further enacted, That the members of the convention, Meeting of con-
thus elected, shall meet at the capital of said territory on the first Mon~ ^^titoT
day in July next, and, after organization, shall declare, on behalf of the tion>
people of said territory, that they adopt the constitution of the United
States. Whereupon the said convention shall be, and it is hereby, au-
thorized to form a constitution and state ^government for said territory :
Provided, That the constitution, when formed, shall be republican, and not Proviso,
repugnant to the constitution of tbe United States, and the principles of
the Declaration of Independence : And provided further, That said con-
vention shall provide, by an ordinance irrevocable, without the consent of
the United States and tjie people of said state : —

First. That there shall be neither slavery nor involuntary servitude No slavery or
in the said state, otherwise than in the punishment of crimes, whereof |["? Iuntai7 serv "
the party shall have been duly convicted.

Second. That perfect toleration of religious sentiment shall bese- Religions toler-
cured, and no inhabitant of said state shall ever be molested in person ati0D *
or property on account of his or her mode of religious worship.

Third. That the people inhabiting said territory do agree and de- Unappropriated
clare that they forever disclaim all right and title to the unappropriated poW*» lands,
public lands tying within said territory, and that the same shall be and
remain at the sole and* entire disposition of the United States ; and that
the lands belonging to citizens of thelUnited States residing without the
said state shall never be taxed higher than the land {belonging to the Taxes,
residents thereof; and that no taxes shall be imposed by said state on
lands or property therein belonging to, or which may hereafter be pur-
chased by, the United States.

Sec. 5* And be it further enacted, That in case a constitution and state Constitution to
government shall be formed for the people of said territory of Nevada, be submitted to
in compliance with the provisions of this act, that said convention forming ^ v
the same shall provide by ordinance for submitting said constitution to 186 4 cnt 94.
the people of said state for their ratification or rejection at an election to Post', p. 85.
be held on the second Tuesday of October, one thousand eight hundred
and sixty-four, at such places and under such regulations as may be pre-
scribed therein, at which election the lawful voters of said new state shall

82

THIRTY-EIGHTH CONGRESS. Ssss. L Ch. 36, 37. 1804.

Voting and vote directly for or against the proposed constitution, and the returns oi
returns, said election shall be made to the acting governor of the territory, who-

with the United States district-attorney and chief justice of said terri-
tory, or any two of them, shall canvass the same, and if a majority of
legal votes shall be cast for said constitution in said proposed state, the
said acting governor shall certify the same to the President of the United
States, together with a copy of said constitution and ordinances j where-
upon it shall be the duly of the President of the United States to issue
his proclamation declaring the state admitted into the Union on an equal
footing with the original states, without any further action whatever on the
part of congress*.

Represen- Sec. 6. And be it further enacted. That until the next general census
tative in am- shall be taken said state of Nevada shall be entitled to one represents
gre88 " tive in die house of representatives of die United States, which represen-

tative, together with the governor and state and other officers provided
for in said constitution, may be elected on the same day a vote is taken
for or against the proposed constitution and state government
School lands. Sec. 7. And be it further enacted. That sections numbers sixteen and
thirty-six, in every township, and where such sections have been sold or
otherwise disposed of by any act of congress, other lands equivalent
thereto in legal subdivisions of not less than one quarter-section, and as
contiguous as may be, shall be, and are hereby, granted to said state for
the support of common schools.
Land for public Sec. 8. And be it further enacted. That provided the state of Nevada
bwldmsrs: shall be admitted into the Union, in accordance with the foregoing pro-
visions of this act, that twenty entire sections of the unappropriated pub-
lic lands within said state, to be selected and located by direction of the
legislature thereof, on or before the first day of January, anno Domini
eighteen hundred and sixty-eight, shall be, and they are hereby, granted,
in legal subdivisions of not less than one hundred and sixty acres, to said
state, for the purpose of erecting public buildings at the capital of said
state, for legislative and judicial purposes, in such manner as the legist
ture shall prescribe.

far penitentiary Seo. 9. And be it further enacted, That twenty other entire sections of
building* land, as aforesaid, to be selected and located as aforesaid, in legal subdi-
visions, as aforesaid, shall be, and they are hereby, granted to said state
for the purpose of erecting a suitable building for a penitentiary or state
prison in the manner aforesaid.
Five per cent. Sec. 10. And be it further enacted, That five percentum of the pro-
toid^forro^ ceeds of the sales of all public lands lying within said state, which shall
&c be sold by the United States subsequent to the admission of said state

into the Union, after deducting all the expenses incident to the same,
shall be paid to the said state for the purpose of making and improving
public roads, constructing ditches or canals, to effect a general system of
irrigation of the agricultural land in the state, as the legislature shall
direct

Laws of the Sec. 11. And be U further enacted, That from and after the admission
madea^cable. ** said state of Nevada into the Union, in pursuance of this act* the

laws of the United States, not locally inapplicable, shall have the same
Judicial dig- force and effect within the said state as elsewhere within the United
trict States, and said state shall constitute one judicial district, and be called

the district of Nevada.
AmtovED, March 21, 1864

' March 21, 1864. Chap. XXXVTL—An Act to enable the People of Colorado to firm a Constitution and

State Gpvemment.and far the Admission of such State into the Union on an equal Footing
with the original States.

Territory of Be it enacted by the Senate and Mouse of Representatives pf the United
(^rado made a States of America in Congress assembled, That the inhabitants of that
state, &c portion of the territory of Colorado included in the boundaries hereinafter

THIBTY-EIGHTH CONGBESS. Sess.1 Ch.37. 18&4.

3d

designated be, and they are hereby, authorized to form for themselves,
out of said territory, a state government, with the name aforesaid;
which said state, when formed, shall be admitted into die Union upon
an equal fooling with the original states, in all respects whatsoever*

Sbo* 2. And be it further enacted, That the said state of Colorado Boundaries,
shall consist of ail the territory included within the following boundaries,
to wit : Commencing at a point formed by the intersection of the thirty-
seventh degree of north latitude with the twenty-fifth degree of longi-
tude west from Washington ; extending thence due west along said thirty-
seventh degree of north latitude to a point formed by its intersection
with the thirty-second degree of longitude west from Washington ; thence
due north along said thirty-second degree of west longitude to a point
formed by its intersection with the forty-first degree of north latitude;
thence due east along said forty-first degree of north latitude to a point
formed by its intersection with the twenty-fifth degree of longitude west
from Washington; thence due south along said twenty-fifth degree of
west longitude*

Sec. 3. And be it further enacted, That all persons qualified bylaw Who may vote
to vote for representatives to the general assembly of said territory, at ** first elections,
the date of the passage of this act, shall be qualified to be elected ; and
they are hereby authorized to vote for and choose representatives to form
a convention, under such rules and regulations as the governor of said
territory may prescribe ; and also to vote upon the acceptance or re-
jection of such constitution as may be formed by said convention, under
such rules and regulations as said convention may prescribe ; and if any
of said citizens are enlisted in the army of the United States, and are Enlisted sol-
still within said territory, they shall be permitted to vote at their place ** ere '
of rendezvous ; and if any are absent from said territory, by reason of
their enlistment in the army of the United States, they shall be permitted
to vote at their place of service, under the rules and regulations in each
case to be prescribed, as aforesaid. And the aforesaid representatives to
form the aforesaid convention shall be apportioned among the several Apportionment
counties in said territory in proportion to the population, as near as of representa-
may be; and said apportionment shall be made for said territory by the ves *
governor, United States district-attorney, and chief justice thereof, or
any two of them. And the governor of said territory shall, by procla-
mation on or before the first Monday of May next, order an election of
the representatives aforesaid, to be held on the first Monday in June Time of first
thereafter throughout the territory ; and such election shall be conducted election J
in the same manner as is prescribed by the laws of said territory regu-
lating elections therein for members of the house of representatives;
and the number of members to said convention shall be the same as now
constitute both branches of the legislature of the aforesaid territory.*

Sbo. 4. And be it further enacted, That the members of the convention, '
thus elected, shall meet at the capital of said territory on the first Man- vJJf 6 ^^ 0011 "
day in July next, and, after organization, shall declare, on behalf of the state constitution,
people of said territory, that they adopt the constitution of the United
States ; whereupon the said convention shall be, and it is hereby, author-
ized to form a constitution and state government for said territory:
Provided, ' That the constitution, when formed, shall be republican, and Proviso,
not repugnant to the constitution of the United States and the principles
of the Declaration of Independence : And provided, fwiher, That said
convention shall provide, by an ordinance, irrevocable without the con-
sent of the United States and the people of said state : —

First That there shall be neither slavery nor involuntary servitude Ho slavery or
in the said state, otherwise than in the punishment of crimes, whereof the v^de?** 7 ^
party shall have been duly convicted*

Second. That perfect toleration of religious sentiment shall be secured, Religious toler-
ation.

t

84 THIRTY-EIGHTH CONGRESS. Sess. L Gl 37. 1864

and no inhabitant of said state shall ever be molested in person or prop*
erty on account of his or her mode of religions worship.
atS a * 1 ffi!^dft. T na * the people inhabiting said territory do agree and declare

p that they forever disclaim all right and title to the unappropriated public

lands lying within said territory, and that the same shall be and remain
at the sole and entire disposition of the United States, and that the lands
belonging to citizens of the United States, residing without the said state,
Taxes. shall never be taxed higher than the land belonging to residents thereof,
and that no taxes shall be imposed by said state on lands or property
therein belonging to, or which may hereafter be purchased by, the United
States.

Constitution to Sbo* 5. And be it farQwr enacted, That in case a constitution and
TOpu^Svote. t0 state government shall be formed for the people of said territory of

Colorado, in compliance with the provisions of this 'act, that said conven-
tion forming the same shall provide by ordinance for submitting said con-
stitution to the people of said state for their ratification or rejection, at

1864, cb. 185. an election to be held on the second Tuesday' of October, one thousand

Potty p. 187. eight hundred and sixty-four, at such places- and under such regulations
as may be prescribed therein, at which election the lawful voters of said

Voting and re- new state shall vote directly for or against the proposed constitution;
tarnB * and the" returns of said elections shall be made to the acting governor

of the territory, who, with the United States district-attorney and chief
justice of the said territory, or any two of them, shall canvass the same,
and if a majority of legal votes shall be cast for said constitution in said
proposed state, the said acting governor shall certify the same to the Fresh
ident of' the United States, together with a copy of said constitution and
ordinances to that effect ; whereupon it shall be the duty of the President
of the United States to issue his proclamation declaring the state admit-
ted into the Union on an equal footing with the original states, without
any further action whatever on the part of congress.

Bepresentative Seo. 6. And be it further enacted, That until the next general census
in congress, shall be taken said state of Colorado shall be entitled to one representa-
tive in the house of representatives of the United* States, which repre-
sentative, together with the governor and state and other officers pro-
vided for in said constitution, may be elected on the same day a vote is
taken for or against the proposed constitution and state government

School lands. Sec. 7. And be it farther enacted, That sections numbered sixteen and
thirty-six, in every township, and where such sections have been sold, or
otherwise disposed of by any act of, Congress, other lands equivalent
thereto in legal subdivisions of not less than one quarter-section, and as
contiguous as may be, shall be, and are hereby, granted to said state for
the support of common schools*

Land* for pub* Sec. 8. And be it farther enacted) That provided the state of Colorado
ic buildings; shall be admitted into the Union, in accordance with the foregoing pro-
visions of this act, that twenty entire sections of the unappropriated pub-
lic lands within said state, to be selected and located by direction of the
legislature thereof on or before the first day of January, anno Domini
eighteen hundred and sixty-eight, shall be, and they are hereby, granted
in legal subdivisions of not less than one hundred and sixty acres to said
state, for the purpose of erecting public buildi. v* at the capital of said
state for legislative and judicial purposes, in such manner as the leg-
islature "shall prescribe.

fwnetitentiary Seo. 9.* And be it farther enacted) That twenty other entire sections of
wilding. land, as aforesaid, to be selected and located as aforesaid, in legal sub-
divisions as aforesaid, shall be, and they are hereby, granted to said state
for the purpose of erecting a suitable building for a penitentiary or state
prison in the manner aforesaid.

Five per cent Seo. 10. And be it farther enacted, That five percentum of the pro-
f sales of pubtio ceeds*of the sales of all public lands lying within said state, which shall

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 88. 1864

35

fee sold by the United States subsequent to the admission of said state
into thermion, after deducting all the expenses incident to the same, shall
be paid to the stud state, for the purpose of making and improving pub-
lic roads, constructing ditches or canals, to effect a general system of irriga-
tion of the agricultural land in the state, as the legislature shall direct.

Sec. 11* And be it farther enacted, That from and after the admission Laws of the
of the said state of Colorado into the Union, in pursuance of this act, United States
the laws of the United States not locally inapplicable shall have the «PP UcaWe -
same force and effect within die said state as elsewhere within the United
States, and said state shall constitute one judicial district, and be called Judical dis-
the district of Colorado. tricL

Approved, March 21, 1864

Chap. XXiVlii. — 4n Act amendatory of the Homestead Law, and for oiker Purposes. Ma " A21,18 ®b

Be it enacted by ike Senate and House of Representatives of the
United States of America in Congress assembled, That in case of any . t ^^^^ l mil -
person desirous of availing himself of the benefits of the homestead act service claiming
of twentieth of May, eighteen hundred and sixty-twp, but who, by rea- jtenefits of home*
son of actual service in the military or naval service of the United ^^^d?$t
States, is unable to do the personal preliminary acts at the district land- before whom,
office which the said act of twentieth May, eighteen hundred and sixty-
two, requires, and whose family or some member thereof, is residing on 1862, ch. 75.
the land which he desires to enter, and upon which a bona 'fide improve- Vol.xii.p.892.
ment and settlement have been made, it shall and may be lawful for such
person to make the affidavit required by said act before the officer com-
manding in the branch of the service in which the party jnay be en-
gaged, which affidavit shall be as binding in law, and with like penalties, as
if taken before the register or receiver ; and upon such affidavit being
filed with the register by the wife or other representative of the party,
the same shall become effective from the date of such filing, provided the
said application and affidavit are accompanied by the. fee and commis-
sions, as required by law*

Sac* 2. And be it farther enacted, That besides die ten-dollar fee CowinfarionstA
exacted by the said act, the homestead applicant shall hereafter pay to wc^ersandrej^
the register and receiver each, as commissions, at the time of entry, one
per centum upon the cash price as fixed by law, of the land applied for,
and like commissions when the claiois finally established and the certifi-
cate therefor issued as the basis of a patent.

Sec. 3* And be it farther enacted, That in any case hereafter in Certain persons
which the applicant for the benefit of the homestead, and whose family ^^^c^of
or some member thereof, is residing on the land which he desires to court,
enter, and upon which a bona fide improvement and settlement have been
made, is prevented, by reason of distance, bodily infirmity, or other good
cause, from personal attendance at the district land-office, it shall and
may be lawful for him to make the affidavit required by the original
statute before the clerk of the court for the county in which the appli-
cant is an actual resident, and to transmit the same, with the fee and
commissions, to the register and receiver*

Seo. 4. And be it farther enacted, That in lieu ' of the fee allowed by Fees of regie-
the twelfth section of the preemption act of fourth September, eighteen J** 8 &ad t ^^ en
hundred and forty-one, the register and receiver shall each be entitled to dafSL mI ^
one, dollar for their services in acting upon preemption claims, and shall isn ch. 18,
be allowed, jointly, at the rate of fifteen cents per hundred words for the' 4 12. '
testimony which may be reduced by them to writing for claimants* in Vo1, y '
establishing preemption or homestead rights, the regulations for giving
proper effect to the provisions of this act to be prescribed by the com-
missioner of the general land-office*

Sec. 5. And be it farther enacted, That where a preSmptor has

36-

THIRTY-EIGHTH CONGRESS- Sess.L Cec 40. 1864

rte^afi^avite^ te ^ :eo ^ e ^S^atotj 8 <«ps required by existing laws in regard to actual
extended to cer- settlement, and is called away from such settlement by being actually
tain preSmptoro* engaged in the military or naval service of the United States, and by

reason of such absence is anable to appear at the district land-office, to
make, before the register or receiver, the affidavits required by the thir-
teenth section of the preemption act of fourth September, eighteen hun-
1841, ch. 16, dred and forty-one, the time for filing such affidavit and making final
' V I 456 P™ ^ an< * entr 7 or location, shall be extended six months after the
v * ^ * expiration of his term of service, upon satisfactory proof by affidavit, or
the testimony of witnesses, that the said preemptor is so in the service,
being filed with the register of the land-office for the district in which his
settlement is made.

Additional fees Sec. 6. And be it further enacted, That the registers and receivers
and allowances in the state of California, in the state of Oregon, and in the territories of
terTa^rec^ Washington,* Nevada, Colorado, Idaho, New Mexico, and Arizona, shall
ens. be entitled to collect and receive, in addition to the fees and allowances

provided by this act, fifty per centum of said fees and allowances as com*
Proviso, pensation for their services: Provided, That "the salary and fees allowed
any register or receiver shall not exceed in the aggregate the sum of
three thousand dollars per annum.
Approved, March 21, 1864

March 25, 1SU. Chap. XL.— Act to provide fir carrying the Mails from the United States to
foreign Ports and Jar other Purposes*

Be it enacted by the Senate and House of Representatives of the Untied
Vessels belongs States of America in Congress assembled, That all steamers and sailing
the UntedSutes vesse ^ s belonging to citizens of the United States, and bound from any
to cany the P° rt in, the United States to any foreign port, or from any foreign port
mails. to any port in the United States, shall, before clearance, receive on

board and securely convey all such mails as the post-office department
of the United States, or any minister, consul, or commercial agent .of the
United States abroad shall offer, and promptly deliver the same to the
proper authorities, on arriving at the port of destination, and shall receive
for such service such reasonable compensation as may be allowed by law*
Master to make Sec. 2. And be it further enacted, That upon the entry of every
return under steamer or sailing vessel from any foreign port, the master or commander

thereof shall make return, on oath or affirmation, showing that he has
promptly delivered at such foreign port or ports all mails placed on board
of the steamer or vessel under his command before clearance from the
Penalty for United States. And in case the master or commander shall fail to make
oath or affirmation as aforesaid, showing that he has delivered the mails
placed on board his steamer or vessel in good faith, the said steamer or
vessel shall not be entitled to the privileges of a steamer or vessel of the
United States.

carwto?maa r Sec ' S * And il f urt ^ er enacted, That the JPostmaster-General be,
matter by Pana- and is hereby, authorized to make contracts, to continue not exceeding
ma or Nicaragua. f onr years, for the transportation of all mailable matter other than letters,

and of such letters as may be so directed, by the Isthmus of Panama or

Cost not to ex- the Nicaragua route, or both of them : Provided, That the expenditure
ceed, &c f or tne service shall not exceed one hundred and sixty thousand dollars

If more than per annum* And in case more than one company is engaged in render-
one company ren- j n or this service, the Postmaster-General shall determine the proportion
ders the service. w g ich sha u be pa id to each.

Postage on Sec. 4. And be it further enacted. That all mailable matter which may
t^nKaosas 6 " ^e conveyed Hby mail westward beyond the western boundary of Kansas,
and California, and eastward from the eastern boundary of California shall be subject
Proviso. to prepaid letter postage rates : Provided, however, That this section shall
Pes*, pp. 421,422. not be held to extend to the transmission by mail of newspapers from a

THIRTY-EIGHTH CONGBESS. Sbss.L Ch.41,42. 1864 3T

known office of publication to bona fide subscribers, not exceeding one
copy to each subscriber, nor to franked matter, to and from the interne*
mediate points between the boundaries above named, at the usual rates :
Provided, further, That such franked matter shall be subject to such Proviso,
regulations as to its transmission and delivery as the Postmaster-General
shall prescribe.

Sec. 5. And be it further enacted. That the Postmaster-General may, Contracts for
if he shall deem it for the public interests, enter into contracts for any ™™f ™ s *te&m.
period not exceeding one year, for the transportation of the mails in ghfps by seabed
steamships, by sea, between any of the ports in the United States; and tween porta of the
that the sea-service already performed by his order on the Atlantic coast Un'ted States,
and Gulf of Mexico be paid for out of any moneys appropriated for the
service of the post-qtfice department. Also for such service already Amropriation
performed upon the Pacific coast a sum not exceeding fifteen hundred coa8t *
dollars, to be paid for out of any moneys appropriated for the service of
the post-office department

Sec. 6* And be it further enacted, That if any person or persons shall Penalty for
paint, print, post, or in any other manner place upon, or attach to, any Eu^Jfi^tet
steamboat or other vessel, or any stage-coach or other vehicle, which mail/' &c on a
steamboat or other vessel, or stage-coach or other vehicle, is not actually coadi «* vessel
used in carrying the mails of the United States, the words "United {^SSl* ^
States mail/* or any other words, letters or characters of like import ; or
if any person or persons shall give notice, either by publishing in any for advertising
newspaper or otherwise, that any steamboat or other vessel, or any stage- sueo coach or ve*-
coach or other-vehicle, is used in carrying the mails of the United States,
when the same is not actually so used, every person so offending or wil-
fully aiding or abetting therein, shall, on conviction thereof in any court
of competent jurisdiction, be fined in any sum not less than one hundred
nor more than five hundred dollars for every such offence ; one half for
the use of the United States and the other half to the use of the person
informing and prosecuting for the same*

Sec. 7. And be it further enacted, That the Postmaster-General be, Part of act of
and ha is hereby, authorized and empowered to suspend the operation of to sua? 1 *
so much of the eighth section of the act of the thirty-first of August, petfood,
eighteen hundred and fifty-two, as authorizes the conveyance of letters Vol. x. p. 141.
otherwise than in the mails on any such mail routes as in his opinion the
public interest may require*

Approved, March 25, 1864

Chap. XIX — An Act to authorise the President to negotiate a Treaty with ike Klamath, March 25, 1864.

Modoc, and other Indian tribes in Southeastern Oregon* "

Be it enacted by the Senate and Souse of JRepresentatives of the United Titles with
States of America in Congress assembled, That the President be, and he Indians in south-
hereby is, authorized* to conclude a treaty with the Klamath, Modoc, and esaUim Oregon.
Snake Indians in southeastern Oregon for the purchase of the coun-
try occupied by them.

Sec. 2. And be it further enacted, That for the purpose of carrying
out the provisions of this act the sum of twenty thousand dollars be, and Appropriation,
the same is hereby, appropriated from any money in thp treasury not
otherwise appropriated, to be expended under the direction of the Secre-
tary of the Interior.

Approved, March 25, 1864.

Chap. XLTJ. — An Act to cany into Effect the Convention with Ecuador far the mutual March 28, 18S4.

Adjustment of Claims, 1

Be it enacted by the Senate and House of JRepresentatives of the Pav of com-
United States of America in Congress assembled, That, for the purpose ^"^on^rtth
of carrying into effect the convention with Ecuador for the mutual adjust- Ecuador.

VOL. XIII. PtJB. — 4

THIRTY-EIGHTH CONGRESS. Sksu-L Ch.45. 1864

f

ment of claims,* signed at Quito, on the twenty-fifth day of November*
eighteen hundred and sixty-two, the commissioner to be appointed by the
President of the United States, by and with the advice and consent of
the Senate, shall be allowed a compensation, in fall for his services, of
three thousand dollars, and ten dollars a day in commutation of travelling
expenses for the time actually and necessarily occupied in going from
the place of his residence to Guayaquil and returning to his home after
the termination of his dudes*
Pay, ifmfnb- Sec. 2. And be it further* enacted, That if the President shall elect to
BemS^» appoint the minister resident of the United States in Ecuador to perform
pointed oommis- the duties of commissioner under the convention aforesaid, said minister
*t°*<« r ' shall receive a compensation for his services of fifty per centum of the

!858, ph. 127, sum hereinbefore mentioned, pursuant to the provisions of the ninth see*
§ ?• . tion of the act of August eighteenth, eighteen hundred and fifty-six, u to
vol. xi. p»s& yggpfc^ tne <jipj oma tic and consular systems of the United States."

Sec. 3. And be it further enacted, That the President be, and hereby
Centhtgettt ex- is, authorized to make such provision for the contingent expenses of the
Sfumpiref thOS ° «° m »»ission under the said convention, including the moiety of the United

States for the compensation of the umpire, and of the secretary who may
be chosen by the commissioners, pursuant to the provisions of the con-
vention, as he shall deem just and proper*
Sec. 4. And be it further enacted. That such sums or money as may
Appropriation, be necessary to carry out the provisions of this act be, and they are
hereby, appropriated out of any money in the treasury not otherwise
appropriated.
Approved, March 28, 1864

April 1, 1864. Chap, XLV« « — An Act malting Apjpropriatum fir Me Support of the Military Academy

- for the Year endinq June thirtieth, eighteen hundred and sixty-Jive.

Be it enacted by tike Senate and Home of Representatives of the
ra, t*yAcade- United States of America in Congress assembled That the following
roy pprupn - sams ^ ^ ^ game are hereby, appropriated, out of any money in the

treasury not otherwise appropriated,* for the support of the military
academy for the year ending the thirtieth of June, eighteen hundred and
sixty-five: —

For pay of officers, instructors, cadets, and musicians, one hundred and
seventeen thousand one, hundred and seventy-six dollars

For commutation of subsistence, four thousand one hundred and sixty-
one dollars.

For pay in lien of clothing, to officers* servants, sixty dollars/
, For current and ordinary expenses, as follows: repairs and improve- .
ments, fuel and apparatus, forage, postage, telegrams, stationery, trans-
portation, printing, clerks* miscellaneous and incidental expenses, and
departments of instruction, forty-one thousand two hundred and eighty*
dollars.

For gradual increase and expense of library, one thousand dollars.

For expenses of the board of visitors, four thousand dollars*

For forage for artillery and cavalry horses, eight thousand six hun-
dred and forty dollars.

For supplying horses for artillery and cavalry exercise, one thousand
dollars.

For repairs of officers 9 quarters, one thousand five hundred dollars.

For targets and batteries for artillery exercise, one hundred dollars.

For furniture for hospital for cadets, including fixed wash-tubs, hot and
cold water bath apparatus and water-closets, one thousand dollars.

For annual repairs of gas-pipes and retorts, three hundred dollars.

For warming apparatus for barracks, fifteen thousand dollars.
' For rebuilding public wharf and opening approach, to the same from
the south, six thousand dollars.

THIRTY-EIGHTH CONGRESS. Sess.I* 'Ce. 46, 47, 48* 1864*

39

Sec. 2. And be it further enacted, That the thirty-fifth section of the act pons^ionof
entitled " An act for enrolling and calling out the national forces, and for $J ?aa.
other purposes,'* approved March three, eighteen hundred and and VoUxiip.7a«.
sixty-three, shall not be deemed hereafter to prohibit the payment to
enlisted men employed at the military academy of the extra-duty pay
heretofore allowed by law to enlisted men when employed at constant
labor for not less than ten days continuously.

Sec. S. And be it further enacted, That from and after the first day of *V of <*<!*««,
July* eighteen hundred and sixty-three, the annual pay of cadets at the ^ approprj **
military academy at West Point shall be the same as that allowed to
midshipmen at the naval academy, and the amount necessary for that
purpose is hereby appropriated. . Cadets found .

Sec. 4. And be it farther enacted. That cadets found deficient at any f^dentat-exanv
examination shall not be continued at the military academy, or be re- ™*Sl
appointed except upon the recommendation of the academic board. 4ft7.]

Sec. 5. And be it further enacted, That no part of the money hereby Appropriation
appropriated shall be applied to the support or pay of any cadets here- 2u^»Sifcf
after appointed not in conformity with tbt express provisions of law regu- appoiuted;
lating appointments of cadets at that academy*

Approved, April 1, 1864

Chap. XLVX — An Act to increase ike Pension of the Revolutionary Pensioners now on April l t X8M>

the Molls of the Pension Office* ~

Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled, That there shall be paid, out Pension to tin*
of any money in the treasury not otherwise appropriated, the sum of one rf
hundred dollars per annum to each of the surviving soldiers of the Revolu- e vo u
.tion, now on the pension rolls, during their natural lives, in addition to the
pensions \o which they are now entitled under former acts of Congress ;
said payment to date from, and commence on, the first day of January,
eighteen hundred and sixty-four, and to cease at their death*

Approved, April 1, 1864

Chap* XIiVIL — An Act relating to Acting Assistant Paymasters in the Navy, and teg** ^ pr ;| i jggg,
lating the Appointment of Cadets in the Naval Academy*

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assemUed, That whenever the President Appointment
of the tlnited Slates shall nominate any acting assistant paymaster in the jf^JSJjS'
volunteer naval service, on account of his faithful, diligent, and efficient in the navy,
discharge of duty in the volunteer service, to be an assistant paymaster
in the navy, it shall be no objection to his appointment and confirmation
that he is over twenty-six years of age : Provided, That he be not over Age.
thirty years of age : And provided, further. That the number of pay- Number,
masters and assistant paymasters, as authorized by law, be not increased
thereby.

Sec. 2* And be it further enacted, That the students of the naval Age of «fo»
academy, when examined for admission thereto, shall be between the dents at naval
ages of fourteen and eighteen years* academy.

Approved, April 1, 1864

\ ■

Chap. XL v ill. — An Act to provide £or the better Organization oflhdfan Affairs' in April 8, 1884.

atifbrnia. 1 g65, ^

Be it enacted by the Senate and House of Representatives of the United Post, p. 98a*
States of America in Congress assembled* That, from and after the first California to
day of April, anno Domini eighteen hundred and sixty-four, the state of constitute one in*
California shall, for Indian purposes, constitute one superintendence »for Q ^y) ipiirmfi, ^ P
which there shall be appointed by the President of the United States, by
and with the advice and consent of-the Senate, a superintendent of Indian

40

THIRTY^EIGHTH CONGRESS. Sess\L Ch.48. 1864

Superintend affairs for said superintendence, at a salary of three thousand six hurt*
bond, oatfof dred dollars per annum, who shall reside at a point within said state, to
office. be selected by the Secretary of the Interior, and who, upon executing a

J>ond, upon such terms and such sum as may be prescribed by the Secre-
tary of the Interior, and taking the usual path of office, shall have under
his control and management, in like manner and subject to like rules and
regulations as are prescribed for superintendents of other superintenden-
ces, the Indians and Indian reservations that are or may hereafter be
established in said state: Provided, That the superintendent shall be
Cleft, salary, authorized to appoint a clerk, at a compensation not to exceed eighteen
hundred dollars per annum*

Sec. 2. And he it further enacted, That there shall be set apart by the
tfoDs^riSSSr^ ^ resident > and at bis discretion, not exceeding four tracts of land, within
nia. the limits of said state, to be retained by the United States for the pur-

poses of Indian reservations, which shall be of suitable extent for the
Location* accommodation of the Indians of said state, and shall be located as remote
from white settlements as may be found practicable, baring due regard to
Proviso. tne ' r adaptation to the purposes for which they are intended : Provided,
That at least one. of said tracts shall be located in what has heretofore
been known as the northern district : And provided, further, That if it
shall be found impracticable to establish the reservations herein contem-
Improvements plated without embracing improvements made within their limits by white
to b Uch r^aawL P ersons lawfully there, the Secretary of the Interior is hereby authorized
after reporUo and empowered to contract for the purchase of such improvements, at a
Congress. price not exceeding a fair valuation thereof, to be made under his direc-
tion* But no such contract shall be valid, nor any money paid thereon,
until, upon a report of said contract and of said valuation to Congress, the
same shall be approved and the money appropriated by law for that pu**»
Tracts may or pose : And provided, farther, That said tracts to be set apart as aforesaid

m^^rlserva- m *%* or ma ^ not > a 8 m ^ e <6&cietkm of the President may be deemed for
Sons. the best interests of the Indians to be provided for, include any of the

Indian reservations heretofore set apart in said state, and that in case any
such reservation is so included, the same may be enlarged to such an
extent as in the opinion of die President may be necessary, in order to
its complete adaptation to the purposes for which it is intended*

Sec* 3. And be it further enacted, That the several Indian reservations
Reservations in California which shall not be retained for the purposes of Indian reser •
nf>t ret S i ^ ot>e vations under the provisions of the preceding section of this ac^ shall, by
offJSl ftrsale. the commissioner of the general land-office, under the direction of the

Secretary of the Interior, be surveyed into lots or parcels of suitable size,
and as far as practicable in conformity to the surveys of the public lands,
which said lots shall, under his direction, be appraised by disinterested
persons at their cash value, and shall thereupon, after due advertisement,
as now provided by law in case of other public lands, be offered for sale
at public outcry, and thence afterward shall be held subject to sale at pri-
vate entry, according to such regulations as the Secretary of the Interior
IBnimum price. mav prescribe : Provided, That no lot shall be disposed of at less than, the
appraised value, nor at less than one dollar and twenty-five cents per
Sale, how con- acre : And provided, further, That said sale shall be conducted by the
ducte* 4 register and receiver of the land-office in the district in which such reser-

vation or reservations may be situated, in accordance with the instructions
of the department regulating the saJe of public lands.

Sec* 4* And be it further enacted, That the President of the United
Agent for each States be, and he is hereby, authorized, by and with the advice and con-
reserrarioo. gent of the Senate, to appoint an Indian agent for each of the reservations

which shall be established under the provisions of this act, which said
Residence, an- agent shall reside upon the reservation for which he shall be appointed,
ties. and shall discharge all the duties now or hereafter to be required of

Indian agents' by law, or by roles and regulations adopted, or to be

THIRTY-EIGHTH CONGRESS. Sfiss. L Ch- 49. 1864.

41

adopted, for the regulation of the Indian service, so far as the same may

be applicable. Each of the agents appointed as aforesaid shall, before

entering upon the duties of t J office, give bond in such penalties and with Bond of agenta.

such conditions and such security as the President or Secretary of the

Interior may require, and shall hold his office for the term of four years, Term of office,

unless sooner removed by the President, and shall receive an annual salary.

salary at the rate of eighteen hundred dollars.

Sec. 5. And be it further enacted, That there may be appointed, in the .
manner prescribed by law, for each of said reservations, if in the opinion blacl^natb?'
of the Secretary of the Interior the welfare of said Indians shall require former, carpen-
it, one physician, one blacksmith, one assistant blacksmith, one farmer, ter, &c
and one carpenter, who shall each receive compensation at rates to be * >ay *
determined by the Secretary of the Interior, not exceeding fifty dollars
per month.

Sec. 6. And be it further enacted, That hereafter, when it shall become Reservations,
necessary to survey any Indian or other reservations, or any lands, the JjjJLj" Bu *"
same shall be surveyed under the direction and control of the general
land-office, and as nearly as -may be in conformity to the rules and
regulations under which other public lands are surveyed.

Sec. 7. And be it further enacted. That all Indian agents shall reside Indian agents
at their respective agencies, and shall in no case be permitted to visit the to reside where;
city of Washington except when ordered to do so by the commissioner of Wasbfost^e*-
Indian affairs. And it is hereby made the duty of the said commis- oept, &c
sioner to report all cases of the violation of this section to the President,
with the request that the agents disregarding the provisions herein con-
tained be at once removed from office.

Sec. 8. And be it further enacted, That all acts or parts of acts in con- Repealing
flict with the provisions of this act, be, and the same are hereby, repealed ; dause.
and all offices and employments connected with Indian "affairs in Califor- Office*,
nia not provided tor in this act be, and the same are hereby, abolished* abolished.

Approved, April 8, 1864

Chap. XLIX. —An Ad to incorporate the Union Gaslight Company of the District of April 8, 1864V

Columbia.

Be U enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That Sayles J. fiowen, Wil- Union Gas-
Ham Elmer, William Bates, Robert W. Mil bank, Andrew M. Kinney, light Company
William H. Baldwin, Z. D. ©ilman, D. C. Forney, S. P. Brown, John mwr ^ nM -
Green, and Gamaliel Gay, and I heir associates and assigns, be, and they Name; oa-
are hereby t created a body corporate, under the name of " The Union thority.
Gas-light Company of the District of Columbia,** with authority to manu-
facture and sell gas, to be made of coal, zinc, oil, tar, pitch, peat, turpen-
tine, or other material, and to be used in lighting the city of Washington
and the streets thereof, and any buildings, manufactories, or houses therein
situated, and to lay mains and pipes for the purpose of conducting gas in
any of the avenues, streets, lanes, or alleys of the said city : Provided,
however, That the said company shall 4*0 conduct the manufacture, and j groto %
lay said mains and pipes, as not to create a nuisance or injure either nuisance*
private or public property : And provided, further, That the said mains To be under
and pipes shall be laid subject to such conditions and in compliance with direction of city
such regulations as may be prescribed by the municipal authorities of the autll0ritieg *
city of Washington ; and the right to erect and establish any buildings,
apparatus, or machinery for the manufacture of gas, shall be subject to
such regulations and restrictions as may be from time to time prescribed
by the said municipal authorities of Washington. .

Sec 2. And be it further enacted, That the capital stock of the said Capital stock,
company shall not be less than five hundred thousand, nor more than *
one million dollars, and that the said stock shall be divided into shares of
one hundred dollars each, and shall be deemed personal property and

4L*

THIRTY-EIGHTH CON&&ESS. Sfcss.^ ®Li& 2864.

How transfer- be transferable itfjsnch manner as the by-laws of said company mar
**** direct

8ui»criptiion Sec. & And be it farther- enacted, Thatwjtbin six days after this act
books to bo is approved by the President of the -United States, the corporators named
°P eD6d * in the first section, or a majority of them, or, if any refuse or neglect to

act, then a majority of the others, shall cause -books of subscription to the
capital stock of said company to be opened and kept open in some con-
venient place in the city of Washington, from nine o'clock in the forenoon
till three o'clock in the afternoon, for a period of not less than three days,
and as much longer as the said corporators shall prescribe, and the said
corporators' shall give public notice of the time and place of opening said,
books of subscription, by advertisement thereof in the daily papers pub*
Kshed in the city of Washington, and subscribers to the capital stock of'
said company shall be held to be stockholders : Provided, That every
Payment at subscriber shall pay at the time of subscribing twenty-five per centum of
time «P snhserip* amount subscribed by him to the treasurer, who shall be appointed by

the said corporators to receive the same, or his subscription shall be null
and veV

Seo. 4 And he U further enacted. That when the minimum amount
•Urat mooting* of the* capital stock of said company, as prescribed in- the second section,
shall have been subscribed, and twenty**! ve per centum thereof paid as
aforesaid, the said corporators,' or a majority of them, and in case any
refuse to ax$ then a majority of the others, shall, . within fifteen days
thereafter, call the first meeting of the stockholders of said company, to
be held at .some convenient place in the wtf of Washington, for the eleo*
turn of directors, of the time and place whereof notice shall be given for
at least five days in at least two daily newspapers published in the city of
Washington, or by written notice thereof signed by one or more of said
corporators, and* personally served on each stockholder; and in all .meet*
Voting. ings of the stockholders each share shall entitle the holder to one vote,
to be given either in person or by proxy.

Ssc. & And be it farther enacted, That the government and direction
IPre^dent and f the affairs of the company shall be vested in the board of directors,
composed of seven members, who 'shall be stockholders, and who shall
hold their office for the term of one year, and until others are duly elected
and qualified to take their places as directors * and the said directors shall
elect tme of their number to be president of the board, who shall also he
president of the company, and a majority of the board shall constitute 1 a
Quorum, quorum to do business ; and they shall choose a treasurer, who shall give
Treasurer. bond with sufficient surety to said company, in such sum as the said
directors may require/for the faithful discharge of his trust In case of
Vacancies. a vacancy in the board of directors by death, resignation, removal, refusal
to act, or otherwise, the vacancy occasioned thereby shall be filled by the
other directors.

Annual meet: Sbo. 6* And be it farther enacted,- That there shall be an annual
fetff- meeting of the stockholders, for the election of directors, to be held at

such time and place, and under each rules and regulations as i the said
company hi their by-laws* shall prescribe, and the directors shall make an •
annual report in writing of their proceedings to^the stockholders.
Sec 7. And be it farther enacted, That the directors shall have Sill
By-laws. power to make* all such by-laws as they shall deem necessary for the
regulation, management, and disposition of the stock, effects-, and property
of the said company, and for the proper execution of the business of the
company, so as the same shall not be contrary to this charter, to the laws
of the United States, or to the ordinances of the city of Washington.
Kotos, &c, not Sbo. 8. And be U farther enacted. That nothing in this act shall b?
^^j^?^ M so construed as to authorize the said company to issue «ay note, tokom
tamacr ' device, scrip, or other evidence of debt to*Vwed *s * ww^oy.

Sec. 9. And be it further' enacted, That if any- person or persons shall

THIRTY-EIGHTH CONGRESS* Sass.L Cel 50. 1864 48

wilfully destroy, or in anywise injure the mains, pipes, apparatus, or Wilful destroy
other works, property, or appurtenances belonging to and used by said pi^&£^{£ w
company in manufacturing gas or in furnishing the same to consumers punished*'
thereof, the person or persons so offending shall, for every such offence,
forfeit and pay to the said company the sum of five dollars, and shall, in
addition to said penalty, remain liable to said company for any loss or
damage occasioned by the offence.

Sec. 10. And be it further enacted, That the said company is hereby
incorporated upon the express conditions that it shall furnish gas to all Quality and
the consumers thereof containing fifty per centum more illuminating price of S 8 **
power than that Which is now furnished by die " Washington Gas-light
Company, 19 and at a cost not exceeding two dollars and fifty cents per
thousand cubic feet} and a failure to comply with these conditions shall Forfeiture,
operate as a forfeiture of this charter.

Sec* 11. And be it further enacted, That the said company shall not Company not
be authorized to sell gas until it shall have produced to the mayor of the ^f* 11 S* 8
city of Washington and to the Secretary of the Interior satisfactory evi-
dence that it has laid down, in a proper and workmanlike manner, in the
avenues and streets of the said city, gas mains of an average diameter of
at least six inches and a total length of not less than twenty-five miles ;
nor shall the said company connect its gas mains with the pipes supplying
the capitol and other public buildings belonging to the United States, or
sell gas, until it shall have produced to the Secretary of the Interior satis-
factory evidence that it has erected and in operation good and substantial
works and holders capable of manufacturing and storing a quantity of
gas, of the quality aforesaid, sufficient to supply the consumption at all
times required in the capitol and public buildings aforesaid* And unless Pipes to be
the said company shall have complied with the requirements and condi- Wd wLT^ 1 ^
tions in this section prescribed within two years from the passage of this m
act, the said act shall be null and void : Provided, however, That said Proviso,
company shall have the privilege, at any time within the said two years,
of lighting with the gas manufactured by it some one street a distance not
exceeding one mile.

Sec. 12. And he it further enacted, That each of the stockholders in Stockholders
the " Union Gas-light Company * of the Distinct of Columbia shall be held totf vidwdly
liable in his or her individual capacity for all the debts and liabilities of
the said company, however contracted or incurred, to be recovered by
suit as other debts or liabilities, before the court or tribunal having juris-
diction of the case*

Sec. 13* And he it further enacted, That this act may at any time be Act may be ai-
altered, amended, or repealed by the Congress of the United States. tered or repealed.
Approved, April 8, 1864.

two

Char I* — An Act to incorporate Providence Hospital of the City of Washington, Dis- 8

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That Lucy Gwynn, Teresa Providence
Angela Costello, Sarah McDonald, Mary E. Spalding, and Mary Carroll, b "j^ incolw
and their successors in office, are hereby made, declared, and constituted ? <Krated *
a corporation and body politic, in law and in met, under the name and Kame.
style of the directors of Providence Hospital, and by that name they
shall be and are hereby made capable in law to sue and be sued, to plead
and be impleaded, in any court within the county of Washington, in the
District of Colombia; to have and use a common seal, and to alter or Powers,
amend the same at pleasure; to have, purchase, receive, possess, and
en joy, any estate in lands, tenements, annuities, goods, chattels, moneys,
or effects, and to grant, devise, or dispose of the same in such manner as
they may deem most for the interest of the hospital : Provided, That the

THIRTY-EIGHTH CONGRESS* Sess. L Ch. 5L 1864*

Re ^^*^ tt0 * real estate held by said corporation shall not exceed in value the sum of
** » one hundred and fifty thousand dollars.

Officers of Sec. 2. And be & further enacted, That the said corporation and body
corporation. politic shall have full power to appoint from their own body a president

and such other officers as they may deem necessary for the purposes of
Vacancies. their creation ; and in case of the death, resignation, or refusal to serve, of
any of their number, the remaining members shall elect and appoint other
persons in lieu of those whose places may have been vacated ; and the
Powers. gaid corporation shall have futi power and all the rights of opening and
keeping a hospital in the city of Washington for the care of such sick and
invalid persons as may place themselves under the treatment and care of
the said corporation*

Sec. 3* And be it further enacted, That the said corporation shall also
By-laws. have and enjoy full power and authority to make such by-laws, rules, and
regulations, as may be necessary for the general accomplishment of the
Proriso- objects of said hospital : Provided, That they be not inconsi>tent with the
laws in force in the District of Columbia : And provided, further, That this
Jg™? shall be liable to be amended, altered, or repeated, at the pleasure of

Congress.
Approved, April 8, 1864.

^ April 8, 1864. ^ CKAp ^ _ ^ A<iconcen ^ ng Notaries Pifflcfir the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United
Notaries pob- States of America in Congress assembled, That notaries public for the
5? district of Columbia may be appointed by the supreme court of said dis-

^i^MenrT trict, whose term of office shall be five /ears, and who may be removed
of office, number, by said court for cause* There shall be no new appointment of a

notary public until the number in this district is reduced to twenty-five ;
and when the number is so reduced, as vacancies thereafter occur, they
may be filled by said court
Sec. 2* And be it further enacted, That each notary public hereafter
Oath, bond* appointed, before entering»upon the duties of his office, shall take an oath
faithfully to discharge the same, ami shall give bond to the United States
in the sum of two thousand dollars, with security to be approved by the
said supreme court, or a judge thereof, for the faithful discharge of the
Present nota- duties of his office* And the said court shall, with reasonable dispatch,
wSwoSi^ ky a general order to be published in one or tnore newspapers printed in

the said district, require all persons now holding the commission of notary
public in said district to give new bond, as hereinbefore provided for,
within a short time to be prescribed therein ; and all such persons failing
to comply therewith shall be stricken from the list of notaries*
Authority of Sec. 8. And be it further enacted, That notaries public shall have
notaries public au thority to demand acceptance and payment of foreign bills of exchange,

Foreteii bUls. an< * *° P 1 ^ 8 ' tue same *° r non-acceptance and non-payment; and to
exercise such other powers and duties as, by the law of nations, and ac-
cording to commercial usages, or for use and effect beyond the jurisdic-
tion of the said district, as, according to the law of any state or territory
of the United States, or any foreign government in amity with the United
States, may be performed by notaries public
Sec* 4 And be it further enacted, That notaries public may also de-
Inland Kll*i mand acceptance of inland bills of exchange, and payment thereof, and of
promissory notes, and may protest the same for non-acceptance or non-
payment, as the case may require. 4
Sec. 5. And be it further enacted, That each notary public shall
Ackn^owlea^ nave power to take and to certify the acknowladgment or proof jof
menu, oaths, p 0Wers f attorney, mortgages, deeds, and other instruments of writing,

the acknowledgment of any conveyance, or other* instrument of writing
executed by any married woman, to take depositions, and to administer

THIRTY-EIGHTH CONGRESS. Sbss. L Ch-52. 1864 45

oaths and affirmations in all matters incident or belonging to the duties of
his office, and to take affidavits to be used before any court, judge, or
officer within this district

Sec 6. And be it farther enacted, That each notary public shall keep Record. Get*
a fair record of all his official acts, except such as are mentioned in the tified <*pte**
fifth section of this act ; and when required shall give a certified copy of
any record in his office to any person, upon payment of the fees therefor*

Sec. 7. And be it further enacted. That each notary public, before Notarial seal*
he acts as such, shall provide a notarial seal, with which he shall authen-
ticate all his official acts, which seal, together with his records and official To be exempt
documents, shall not be liable to be seized on by any execution. He from eXftCUtioa »
shall deposit an impression of his official seal in the office of the clerk of
the supreme court of said district

Sec. 8. And be it farther enacted, That on the death, resignation, or Records incase
removal from office of any notary public, his records, together with all his of death, resigna-
official papers, shall be deposited in the office of the clerk of the supreme tioa *
court of said district

Sec* 9. And be it farther enacted, That the original protest of a notary original pro-
public, under his hand and official seali of any bill of exchange or prom- test to be prima
issory note for non-acceptance or non-payment, stating .the presentment SstetiTSieSt
by him of such bill of exchange or note for acceptance or payment, and in.
the non-acceptance or non-payment thereof, and the service of notice on
any or all of the parties to such bill of exchange or promissory note, and
specifying the mode of giving such notice, and the reputed place of resi-
dence of the party to whom the same was given, and the post-office nearest
thereto, shall be prima facie evidence of the facts contained therein.
The certificate of a notary public, under his hand and seal of office, Certificate to
drawn from his record, stating the protest and the facts therein recorded, be tike evidence,
shall be evidence of the facts in like manner as the original protest

Sec. 10. And be it farther enacted, That the fees of notaries public Fees of notaries
shall be as follows : For each certificate and seal, fifty cents ; taking public,
depositions or other writings, for each one hundred words, ten cents;
administering an oath, fifteen cents; taking acknowledgment of a deed
or power of attorney, with certificate thereof, fifty cents; every protest of
a bill of exchange or promissory, note, and recording the same, one dollar
and seventy-five cents ; each notice of protest, ten cents ; each demand
for acceptance or payment, if accepted or paid, one dollar, to be paid by
the party accepting or paying the same ; each noting of protest, one
dollar. And any notary public who shall take a higher fee than is pre- Penalty for
scribed by this act shall pay a fine of one hundred dollars and be re- taking higher
moved from office by the said supreme court fees *

Sec. 11, And be it farther enacted, That all acts and parts of acts Repealing
inconsistent with this act be, and the same are hereby, repealed. clause.

Approved, April 8, 1864

Chap. UX — An Act to authorize the Columbia Institution fir the Deaf and Dumb and April 8, 1864.

the Blind to confer Degree*.

Be it enacted by the Senate and Mouse of Representatives of the United
States of America in Congress assembled, That the board of directors of Columbia In-
v the Columbia Institution for' the instruction -of the deaf and dumb and Jitution for the
the blind be, and they are hereby, authorized and empowered to grant and jJSr u^bftod b
confirm such degrees in the liberal arts and sciences to such pupils of the may confer de-
institution, or others, who, by their proficiency in learning or other meri- S™ 68 *
torious distinction they shall think entitled to them, as are usually
granted and conferred in colleges; and to grant to such graduates diplo-
mas or certificates, sealed and signed in such manner as said board of
directors may determine, to authenticate and perpetuate the memory of
such graduation.

Appboved, April 8> 1864

46

THIRTY-EIGHTH CONGRESS. Sbss. L Ch. 53, 54 1864

April 9, 1864* Chap. Mil. — An Act to emend Section nine of the Act approved My seventeenth* eigh-
1862, ch. 200. ieen hundred and sixty two, entitled An Act to define the Pag and Emoluments of certain
\ 9. Officers of the Army, and for other Purposes*

. xiip. 595. 2fe it enacted by the Senate and House of Representatives of the Unitea
Chaplains in States of America in Congress assembled, That the rank of chaplain
the volunteer aer- without command, in the regular and volunteer service of the United
vice; rant, pay, g^^ j s hereby recognized. Chaplains shall be borne on the field and

staff rolls next after the surgeons, and shall wear such uniform as is or
may be prescribed by the army regulations, and shall be subject to the
same rules and regulations as other officers of the army. They shall be
entitled to draw forage for two horses, an<3, when assigned to hospitals,
posts, and forts, they shall be entitled to quarters ana fuel within the
hospitals, posts, or forte, while they are so assigned, without the privilege
of commutation, subject to the same conditions and limitations as are now
by law provided in the case of surgeons* When absent from duty with
leave, or on account of sickness or other disability, or when held by the
enemy as prisoners, they shall be subject to no other diminution or loss
of pay and allowances than other officers in the military service are under
like circumstances. And chaplains. who have been absent from duty* by
reason of wounds or sickness, or when held as prisoners in the hands of
the enemy, shall be entitled to receive full pay without rations during
such absence. In all other respects, the pay of chaplains shall be the
same as now provided by law.

Sec. 8* And he it fkriher enacted. That the act approved July four*
clwSnfl* 40 teenth, eighteen hundred and sixty-two, entitled, * An act to grant pen-
ch. 160. sions *" is hereby so amended as to include chaplains in the regular and
VoLxii.p.560* volunteer forces of the army: Provided, That the pension to which a
chaplain shall be entitled for a total disability shall be twenty dollars per
month, and all the provisions of the act to which this section is an amend*
onent shall apply to and embrace the widows, children, mothers, and sisters of
chaplains of the land forces who have died since the fourth day of March,
eighteen hundred and sixty-one, or shall die of wounds or disease con-
tracted in the service of the United States, and while such chaplains are
or shall be in the line of their duty*
• Sec. 8. And be it further enacted, That it shall be the duty of cliap-
mai^momWy Ja ' DS * n the m ^' ter 7 service of the United States to make monthly reports
reporta. to the adjutant-general of the army, through the usual military chan-

nels, of the moral condition and general history of the regiments, hospitals,
or posts to which they may be attached ; and it shall be the duty of all
commanders of regiments, hospitals, and posts to render such facilities as
will aid in the discharge of the duties assigned to them by the govern*
ment*

Rellfrious ser- Sec. 4. And be it further enacted\ That all chaplains in the military
vices hy chap- service of the United States shall hold appropriate religious services at
lafos* the burial of soldiers who may die in the command to which they are

assigned to duty, and it shall be their duty to hold public religious ser-
vices at least once each Sabbath when practicable*
Approve©, April 9, 1864

April 9, 18S4. Chap. XXV* — An Act to appoint an Appraiser and Assistant Appraiser fir ike Port of
" Portland, and fir other Purposes,

Be it enacted by the Senate and House of Representatives of the United
^ bint 86 * rtXL States of America in Congress assembled, That the President of the
erat PorUaad, United States, with the advice and consent of the Senate, shall appoint
Maine. an appraiser and assistant appraiser for the port of Portland, Maine,

whose duties shall be the same as those of similar officers in other ports ;
and the ninth section of the act of Congress passed May seventh, one
. 182B> ch* 107, thousand eight hundred and twenty-two, entitled "An act further to
Vol. iii p. 005. establish the compensation of officers of the customs and to alter certain

THlBTY-EIGfiTR COST&RESS. Suss. L Ch- 58-59. 1864

» *

47

collection districts, and for other purposes," is hereby amended by adding
Portland aforesaid to the ports therein enumerated, and the deputy col- J^°™*£*^
lectors, not exceeding three in number, and the appraiser of said port pra iser, and aa-
shall each receive the compensation of two thousand dollars per annum, si&taQtapprwsers.
and the assistant appraiser shall receive a compensation of fifteen hun-
dred dollars per annum*
Approved, April 9, 1864.

Cha*. XiVIIL — An Act extending the Time within which the States and Territories may April U, 1864

accept the Grant of Lands made by the Act entitled "An Act donating pnblic Lands to the jg^, ch. 180*

several States and Territories which may provide Colleges for the Benefit of AgncvUwre VoL ^ p.
and the Mechanic Arts," approved July second, eighteen hundred and sixty-two,

, Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That any state or territory sta *S^»
may accept and shall be entitled to the benefits of the act entitled " An ^S^SSISr-
act donating public lands to the several states and territories which may* lag public lands
provide colleges for the benefit of agriculture and the mechanic arts," ^f^^ 4 **'
approved July second, eighteen hundred and sixty-two, by expressing its '^thin two yeat*
acceptance thereof as provided in said act, within two years from the
date of the approval of this act, subject, however, to the conditions in said
act contained*

Sjso. 2. And be it further enacted, That the benefit of the provisions of to ^2ftjj.
this act, and of the said act approved July second, eighteen hundred and a t of ws act
sixty-two, be, and the same are. hereby* extended to the state of West
Virginia*

Approved, April 14* 1864

Chap. MX.— An Act to enable the People of Nebraska to form a Constitution and April 19, 1884.
State Government, and for ' the Admission of such Stale into the union on an equal Footing
wilff. the original States,

Be it enacted by the Senate and Bouse of Representatives % of the United
States of America in Congress assembled^ That the inhabitants of that pur- Nebraska ter-
tion of the territory of Nebraska included in the boundaries hereinafter ritoiy made a
designated be, and they are hereby, authorized to form for themselves a ******
constitution and state government, with the name aforesaid, which state,
when so formed, shall be admitted into the Union as hereinafter provided.

Sec. 2* And be it further enacted, That the said state of Nebraska Boundaries,
shall consist of all the territory included within the following boundaries,
to wit : Commencing at a point formed J>y the intersection of the western
boundary of the state of Missouri with the fortieth degree of north lat-
itude*^ extending thence doe west along said fortieth degree of north
latitude to a point formed by its intersection with the twenty-fifth degree
of longitude west from Washington * thence north along said twenty-fifth
degree of longitude to a point formed by its intersection with the forty* •
first degree of north latitude ; thence west along said forty-first degree of
north latitude to a point formed by its intersection 'with the twenty-
seventh degree of longitude west from Washington ; thence north along
said twenty-seventh degree of* west longitude to a point formed by its
intersection with the forty-third degree of north latitude; thence east
along said forty-third degree of north latitude to the Reya Paha river;
thence down the middle of the channel of said river, with its. meander-
ings, to its junction with the Niobrara river; thence down the middle of
the channel of said Niobrara river, and following the meanderings thereof,
to its junction with the Missouri river ; thence down the middle of the
channel of mid Missouri river, and following the meandering* thereof, to
the place of beginning.

Sec. 8. And be it further enacted, That all persons qualified by law to gtnY^ho^be^^
vote for representatives to the general assembly of said territory shall ed to office.

48

THIRTY-EIGHTH CONGRESS, Sbss. L Ch. 59. 1864.

Convention to be qualified to be elected; and they are hereby authorized to vote for
nn constitution. choose representatives to form a convention, under such rules and
regulations as the governor of said territory may prescribe, and also to
vote upon the acceptance or rejection of such constitution as may be
formed by said convention, under such rules and regulations as said eon-
Enlisted citi- vention may prescribe ; and if any of said citizens are enlisted in the
***** army of the United States, and are still within said territory, they shall

be permitted to vote at their place of rendezvous ; and if any are absent
from said territory, by reason of their enlistment in the army of the United
States, they shall be permitted to vote at their place of service, under the
rules and regulations in each case to be prescribed as aforesaid ; and the
Apportionment aforesaid representatives to form the aforesaid convention shall be appor-
to form wHtven- 68 tioned among the several counties in said territory in proportion to the
tion* population as near as may be, and said apportionment shall be made for said

territory by the governor, United States district attorney, and chief justiec
thereof, or any two of them. And the governor of said territory shall, by
proclamation, on or before the first Monday of May next, order an elec-
rJen^veafhow t * on °^ representatives aforesaid to be held on the first Monday in
conducted/ 1 June thereafter throughout the territory ; and such election shall be con-
ducted in the same manner as is prescribed by the laws of said territory
regulating elections therein for members of the house of representatives ;
Number. and the number of members to said convention shall be the same as now
constitute both branches of the legislature of the aforesaid territory.
Sec. 4. And be it further enacted, That the members of the convention
^feetingofooiH thus elected shall meet at the capital of said territory on the first Monday

in July next, and after organization shall declare, on behalf of the people
of said territory, that they adopt the constitution of the United States ;
llay form con- whereupon the said convention shall be, and it is hereby, authorized to
Btitution. form a constitution and state government : Provided, That the constitution
Proviso. when formed shall be republican, and not repugnant to the constitution of
the United States and the principles of the Declaration of Independence :
And provided) further. That said constitution shall provide, by an article
forever irrevocable, without the consent of the Congress of the United
States:

Slavery pro- First. That slavery or involuntary servitude shall be forever pro-
feibited. Mbited i n gala 8t ate.

Seligious toler- Second. That perfect toleration of religious sentiment shall be secured,
4titm * and no inhabitant of said state shall ever be molested in person or prop-

erty on account of his or her mode of religious worship*
Unappropriated Third. That the people inhabiting said territory do agree and declare
public land* that they forever disclaim all right and title to the unappropriated public

lands lying within said territory, and that the same shall be and remain
at the sole and entire disposition of the United States, and that the lands
belonging to citizens of the United States residing without the said state
Taxes. shall never be taxed higher than the land belonging to residents thereof ;

and that no taxes shall be imposed by said state on lands or property
therein belonging to or which may hereafter be purchased by the United
States*

Constitution to Sec. 5. And be it further enacted. That in case a constitution ana state

popuiar'vote *° £° vernmen * 8nau * 06 formed for the people of said territory of Nebraska,
' in compliance with the provisions of this act, that said convention forming
the same shall provide by ordinance for submitting said constitution to
the people of said state for their ratification or rejection at an election to
Proceedings. ^ ae j4 on the second Tuesday of October, one thousand eight hundred
and sixty-four, at such places and under such regulations as may be pre-
scribed therein, at which election the qualified voters, as hereinbefore pro-
vided, shall vote directly for or against the proposed constitution, and the
returns of said elections shall be made to the acting governor of the ter-
ritory, who, together with the United States district attorney and chief

THIBTY-EIGHTH CONGRESS. Sess. L Ck. 59. 1864.

49

justice of the said territory, or any two of them, shall canvass the same,
and if a majority of legal votes shall he cast for said constitution in. said
proposed state, the said acting governor shall certify the same to. the
President of the United States, together with a copy of said constitution VteOmMa^
and ordinances; whereupon it shall be the duty of the President of the declaring the
United States to issue his proclamation declaring the state admitted into state admitted,
the Union on an equal footing with the original states, without any fur-
ther action whatever on the part of congress.

Sec. 6. And be it further enacted, That until the next general census One represen-
shall be taken said state of Nebraska shall be entitled to one representa- m 0oa -
tive in the house of representatives of the United States, which repre-
sentative, together with the governor and state and other officers provided of ^{^^^^ d
for in said constitution, may be elected on the same day a vote is taken 8
for or against the proposed constitution and state government.

Sec. 7. And be it further enacted, That sections numbered sixteen and School lauds,
thirty-six in every township, and when such sections have been sold or
otherwise disposed of by any act of congress, other lands equivalent
thereto, in legal subdivisions of not less than one quarter section, and as
contiguous as may be, shall be, and are hereby, granted to said state for
the support of common schools. _ , „ .

Sec. 8. And be it further enacted, That provided the state of Nebraska ^diw-
shall be admitted into the union in accordance with the foregoing provis-
ions of this act, that twenty entire sections of the unappropriated public
lands within said state, to be selected and located by direction of the
legislature thexenf, on or before the first day of January, anno Domini
eighteen hundred and sixty-eight, shall be and they are hereby granted,
in legal subdivisions of not less than one hundred and sixty acres, to said
state for the purpose of erecting public buildings at the capital of said
state for legislative and judicial purposes., in such manner as the legisla-
ture shall prescribe.

Sec. 9. And be it further enacted, That fifty other entire sections of for buildings
land, as aforesaid, to be selected and located as aforesaid, in legal sub- for penitentiary;
divisions as aforesaid, shall be, and they are hereby, granted to said state
for the purpose of erecting a suitable building for a penitentiary or state
prison in the manner aforesaid.

Sec. 10. And be it further enacted. That seventy-two other sections of State Uni-
land shall be set apart and reserved for the use and support of a state ver8lty '
university, to be selected in manner as aforesaid, and to be appropriated
and applied as the legislature of said state may prescribe for the purpose
named, and for no other purpose*

Sec. 11. And be it further enacted, That all salt springs within said Salt springs,
state, not exceeding twelve in number, with six sections of land adjoining,
or as contiguous as may be to each, shall be granted to said state for its
use, the said land to be selected by the governor thereof, within one year
after the admission of the state, and when so selected to be used or dis-
posed of on such terms, conditions, and regulations as the legislature
shall direct : Provided^ That no salt spring or lands, the right whereof is Proviso.
iiqw vested in any individual or individuals, or which hereafter shall be
confirmed or adjudged to any individual or individuals, shall, by this act,
be, granted to said state.

Src. 12. And be it further enacted, That five per centum of the pro- Five per cent,
cceds of the sales of all public lands lying within said state, which have °^^ 8 1 ^ ( ^^
been or shall be sold by the United States prior or subsequent to the jfor support of
admission of said state into the Union, after deducting all expenses inct- common schools,
dent to the same, shall be paid to the said state for the support of common
schools.

Sec. 13. And be it further enacted, That from and after the admission Laws of United
of the said state of Nebraska into the Union in pursuance of this act, the Steto made an-
laws of the United States, not locally inapplicable, shall have the same p ^ *

vol. xiii. Pub. — 5

50

THIRTY-EIGHTH CONGRESS. Sesb. L Ch. 60. 1864

force and effect' within the said state as elsewhere within the United
States ; and said state shall constitute one judicial district* and be called
die district of Nebraska.
Expenses of Seo. 14. And be it further enacted, That any unexpended balance of
onrention. the appropriations for said territorial legislative expenses of Nebraska
remaining for the fiscal years eighteen hundred and sixty-three and
eighteen hundred and sixty-four, or so much thereof as may be necessary,
shall be applied to and used for defraying the expenses of said convention
and for the payment of the members thereof, under the same rules,
regulations, and rates as are now provided by law for the payment of the
territorial legislature.
Approved, April 19, 1864

Chap. LX. — An Act in Addition to "An Act fir the Establishment of certain Arsenals,

A&rfl 29 1864*

' Whereas it is necessary that the government of the United States

Preamble. should at an early day, for the purpose of the arsenal at Bock Island,
in the State of Illinois, provided for in the act passed July eleventh,
1862, ch. 148. eighteen hundred and sixty-two, obtain the possession of and title to
Vol. xiLp.537. certain lands, now the property of private persons, upon which to

locate the said arsenal, with the grounds and buildings needful for and
to make a part of the same : JNbw, therefore,

*

Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled, That the Secretary of War be,
Bode Island to and he is hereby, authorized and empowered to take and hold full, com-
stontfbytl^ plete, and permanent possession in behalf of the United States, of all the
Secretary of War lands and shores of the island of Rock Island, in the state of Illinois, the
and held. same, when so possessed, to be held and kept as a military reservation by

the War Department, upon which shall be built and maintained an
Arsenal &c M arsenal for the construction, deposit, and repair of arms and munitions of
to be built there- war> ^ ^ ^ u^^^f „ ^ been or may be

authorized by law to be placed thereon in connection with soch arsenal.
Seo. 2. And he it further enacted, That if it shall appear upon ex*
Compensation amination by the Attorney-General of the United States of the titles of
^rtySeQ. Pr0I> " ]ands 0Q Rock Island taken and occupied by tHe Secretary of War

for an arsenal and other military purposes, as provided in the foregoing
Mode of pro- section, that any part or parcels thereof are now the property of, and are
cedure where rightfully possessed by, any individual or corporation as his or their own

private property, the value of such private property so taken, and a just
compensation for any damages caused by such taking, shall, if mutually
agreed on by the Secretary of War and the rightful owner or owners
thereof and approved by the President, be paid by the Secretary of the
Treasury to said rightful owner or owners so agreeing, out of the appro*
priations made or to be made for the construction of said arsenal : Pro
vided, That before such payment shall be made, the said owner or owners
of such private lands so* taken, or such of them as shall agree, shall by
good and sufficient deed or deeds, in due form of law, and approved by
Deed to be the Attorney-General of the United States, fully release and convey to
given * the United States all their and each of their several, and respective rights

in and titles to such lands so taken.

Sec. 8» And be it further enacted^ That if the Secretary of War shall
whereOTrawfdo- not a 8 ree w ^ m 7 P^vau* owner or owners. of lands so taken fox the
not agree as to use of the United States for military purposes, or if any such owner or
damages, &c owners shall refuse to accept the sum to be paid to him or them

by the Secretary of the Treasury as and for the true value thereof
or shall from any other cause neglect or fail, for the space of twelve
months after sucfi taking to execute and deliver the deed or deeds
thereof, needful in the opinion of the Attorney-General of the United
States, to convey to the United States the title of said lands taken,

THIRTY-EIGHTH CONGRESS. Sess. L Cfl. 60. 1864.

51

there shall forthwith be selected three competent persons, who shall Co mi ^^ i »

be named and appointed by the President, and shall by Mm be con- ^ ea PP° inted i

stituted a board of commissioners, whose duty it shall be to bear the

parties interested, who may appear before them upon reasonable notice of

time and place, and ascertain the true value of the land taken, and of the

several parcels thereof that shall not have been conveyed to or paid for

by the United States as hereinbefore provided, and die names and titles

of the claimants thereof, if more than one, and their respective interests

therein, and what compensation for the taking of their lands is due to

each claimant ; and the said board of commissioners shall report the same Report to the

as early as practicable after their appointment to the circuit court of the circuit court

United States within and for the district in which such lands are situated ;

and in case of a difference of opinion in the said board as to the matters

referred to them, the report of a majority of the commissioners shall be

held to be the report of the board. And the compensation and expenses

of the said commissioners shall be fixed and approved by the Secretary P*y of commis-

of War, and paid by the Secretary of the Treasury upon his requisition* , " oners *

Sec. 4* And be it further enacted, That the said circuit court, upon the Court to order
return and examination of the report of the said commissioners, shall, for P a y ment *
the parcels of land taken, as to which there appear to be no conflicting
claims for compensation, by decree, order the sums awarded by the com-
missioners in said report, to be paid to the person or persons who shall,
according to said report, be entitled thereto, and who shall apply therefor,'
and who shall, by writing filed in the said court, waive his or their right to
an appeal fromrthe- determination of the said board of commissioners, and
agree to accept the said sum, in full satisfaction of his or their claims for
such lands, taken by the United States : Provided, That if the party entitled Proviso,
and applying as aforesaid, or filing a complaint as hereinafter provided, shall
have an estate for life only in said land, or any estate less than a fee sim-
ple, or shall be a married woman, or a minor, or non compos mentis,
the court aforesaid shall, in its final judgment or decree, make such order
for the payment of the said compensation to the party or for its payment
into court ; and as to the investment of tne principal and disposal of the
income, or interest thereof, as shall be just and equitable, and for the pro-
tection of the rights of those interested, in accordance with the rules and
practice of courts of equity, in cases where a fund in court is to be
divided and administered.

Sec. 5. And be it further enacted, That any person or persons ag- Appeal from
grieved by the doings of the aforesaid board of commissioners, in the ff ffjj^ <wai;
estimation of his or their damages, or in the refusal or omission thereof,
may at any time within twelve months from and after the return of said Time of pro-
report to the said circuit court, or within three years after the land ceedin 8 8 *
claimed shall have been taken, make application by complaint in writing
to the said court sitting as a court of equity, setting forth the title which
he or they may have or claim in said lands taken, or in parcels thereof,
and the grievance complained of; and the said court, after reasonable
notice to the district attorney Of the United States for that district, who
shall appear and act for and in behalf of the United States, shall proceed
and hear the parties, and their evidence according to the course of pro-
ceedings in equity, and shall determine what right or title, if any, the
complainant or complainants had in and to the parcels of land taken,
claimed by him or them, and shall ascertain, and by decree fix the sum
or sums of money to which aB damages or just compensation for such
taking the complainants, severally or jointly, if they apply jointly, are
entitled : Provided, That if a complainant in any case shall* in writing Proviso,
or by motion, so request, the value of the land taken or his interest there-
in shall be assessed or determined by a jury upon the law side of the Trial by jury,
court, upon issues properly framed, under the direction or allowance of
the court sitting in equity.

52

THIRTY-EIGHTH CONGRESS* Skss. X Cee. 60, 61. 1864

Sec. 6* And be it further enacted. That, if the .attorney of the United
Complainants States shall so request, the court may, before ordering issues to be framed
to^ve security for a J arv > provided in the foregoing section, require the complainants
for costs. applying therefor to undertake and to give security satisfactory to the

court therefor, that they will pay the costs of court to be taxed by the
court, if the verdict of such jury shall not be in favor of such complain-
ants, and for a sum larger than that allowed by the board of commis-
sioners in their report ; and the -decision of all questions as to the amount
of costs to be paid by or to the complainants shall be within the determi-
nation of the court at their discretion, and according to the rules of equity
practiced in the courts of the United States*

Sec. 7. And be it further enacted, That either party may appeal to
ropreraeUart* tne ^P^me court of the. United States from any final judgment or de-
of the United cree which may be rendered by said circuit court in any case arising
States. under the provisions of this statute, where the amount in controversy ex-

. ceeds three thousand dollars : Provided, That such appeal shall be taken

Proviso. within ninety days after the rendition of such judgment or decree.

Sec. 8. And be it further enacted, That in all cases of final judgments
Final judg- or decrees by said circuit court, or on appeal by the said supreme court,
Slavorof <S3m- wnere tne ** m * snau< affirmed in favor of the claimant, the sum due
ant to be paid, thereby shall be paid either to the claimant or into the circuit court afore*

said, as said judgment or decree may determine, by the United States,
out of the money appropriated for the construction and maintenance of
said arsenal, on presentation to the Secretary of the Treasury of a copy
of said judgment or decree signed by the presiding judge, and certified
by the clerk of the said circuit court; And such payment shall be a full
paymwtT discharge to the United States for the compensation and damages due for

the taking of the lands, in respect of which the said judgment or decree
was rendered or made, and shall forever bar any further claim or demand
against the United States arising out of the taking of such land. And
such payment, or the lawful tender thereof, shall operate as, and shall be.
deemed and held to be, a full and complete conveyance of the parcel or
parcels of tend for which it was made to the United States.
Claims for Seo. 9. And be it further enacted, That every claim against the
damages to bo United States for the taking of land for public use as herein authorized,
^tMn*three ' 8na ^ ^ *° rever barred unless within three years from the time of such
years* taking, the claim for compensation therefor shall be adjusted by agree-

ment with the Secretary of War, or be settled by an award of the board
of commissioners, or presented by complaint or petition to the circuit
court of the United States in the district in which the land is situated :
Saving in favor Provided, however, That the claims of persons, who at the time of the
of minors, mar- taking shall be under the age of twenty-one years, married women, idiots,
ried women, &c. lunatics, or insane, or beyond seas, shall not be barred if their petition or

complaint be filed in said court as aforesaid, within three years after the
disability has ceased, but no disability other than those enumerated shall
prevent any claim from being barred, nor shall any of the said disabilities
operate cumulatively.
Approved, April 19, 1864.

April 19, 1864. Chap. L£l. — An A<A fixing the Date of the Lobs of the U.S. Brig "Baxribridge" and
for the Belief of the Officers, Seamen, and Marines of the same, and for ether Purposes.

Be it enacted by the Senate and House of JRepresentatives of the United
Date when the States of America in Congress assembled, That for the purpose of fixing
bridge shall b©^ tne ^ me afc wm? ch shall commence the pensions, under the existing laws,
deemed to have of the widows and orphan children of the officers, seamen, marines, and
been lost others in service who were lost in the United States brig a Bainbridge,"

as well as the time to which the pay of said officers, seamen, marines, and
others in the service shall be allowed, the twenty-first day of August, in

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 63* 1864

53

year one thousand eight hundred and sixty-three, shall be deemed
taken to be the day on which the said brig " Bainbridge n foundered

the
and
at sea.

Sec. 2. And be it further enacted, That the widow or child or chil- Widow,*child,
dren, and in case there shall be no widow, or child or children, as afore- or parents, &a,
said, then the parent or parents, and if there be no parents, the brothers eq^totweive 1
and sisters of the officers, seamen, marines, and others in service, who months' pay.
were lost in said brig u Bainbridge,** shall be entitled to and receive, out
of any money in the treasury not otherwise appropriated, a sum equal to
twelve months* pay of their respective deceased relations, aforesaid, in
addition to the pay due to the said deceased at the date of the loss of said
vessel.

Sec* 3. And be it further enacted, That the proper accounting officers Accoontsof
of the treasury department be, and are hereby, authorized and directed to ^ r a ^^^^.
settle the Accounts of Charles C. Walden, late acting assistant paymaster, ant paymaster, to
in the navy, who was lost in the brig " Bainbridge," with all his accounts be settled*
and vouchers for expenditures and payment made by him, and with all
the money* stores, and supplies procured for the use of said vessel, and to
allow him a credit for whatever sum appears to be due from him on the
books of the department

Approved, April 19, 1864*

Chap. T.TTTT. — An Act to amend an Act entitled "An Ad to establish end equalize April SI, 1864.

the Grade of line Officers of the United States Navy," approved July sixteenth, exghteen — —

hundred and sixty-tioo. '

* VoL xn. p. 583.

Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled, That no line officer of the navy, No line officer
upon the active list, below the grade of commodore, nor any other naval *po» active list,
officer, shall be promoted to a higher grade, until bis mental, moral, and naval officer to
professional, fitness to perform all bis duties at sea shall .be established to be promoted, un-
the satismction of a board of examining officers to be appointed by the JJSo^d^cT" 1 ""
President of the United States. And such board shall have power to Board of exam-
ake testimony, the witnesses when present to be sworn by the president iners; appoint-
or the board, and to examine all matter en the files and records of the ment, power, &c;
department in relation to any officer whose ease shall be considered by
them*

Sec. 2* And be it further enacted, That such examining board shall of whom to con-
consist of not less than three officers, senior in rank to the officer to be ® &L
examined

Se&. 6. And be it further enacted, That any officer to be acted upon by Officers inter-
said board shall have the right to be present, if he desires it ; and. his estedi&y be
statement of his case, on oath, and the testimony of witnesses, and his exam-
examination, shall be recorded. And any matter on the files and records '
of the department touching each case, as may in the opinion of the board
be necessary to assist them in making up their opinion, shall, together
with the whole record and finding, be presented to the President for Record of case
his approval or disapproval of the finding. And no officer shall be ^ ^ T preSien t
rejected until after such public examination of himself and the records of 6
the department in his case, unless he fails to appear before said board
after having been duly notified.

Sec. 4 And be it further enacted, That no officer in the naval service No officer to be
shall be promoted to a higher grade therein, upon the active list, until he j^motednnle»
has boen examined by a board of naval surgeons, and pronounced physi- nation to be rtn?£
cally qualified to perform all his duties at sea. And all officers whose fcaUy qualifQ.
cases shall have been acted upon by the aforesaid boards, and who shall
not have been recommended tor promotion by both of them, shall be placed
upon the retired list

Sec. 5. And be it further enacted, .That all officers not recommended n0 ^^™ndS
for promotion under the fourth section of an act entitled "An act tc for promotion,

54 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 64, 65, 66. 1864.

may present establish and equalize the grades of line officers of the United States
ex&ttdnadoD, &o« nav y * approved July sixteen, eighteen hundred and sixty-two, shall have
' the right to present themselves for examination, according to the provis-
ions of this act, and if found duly qualified, and such finding be approved
When may be *" e ^ >resi ^ enfc TJnited States, they shall be promoted to the same
promoted. grade and place as if they had been recommended by the board, and shall

receive the corresponding pay according to the service which they have
performed from the date of their rank to that of their promotion* And
no further promotions shall be made upon the active list until the number
in each grade is reduced to that provided by law*

Sec. 6* And be it further enacted, That any officer in the naval service,

be A aXaS[for y D ? m ^ w ** n tne an ^ c 011360 * of the senate, may be advanced, not

conduct in bat- exceeding thirty numbers, in his own grade, for distinguished conduct in
tie, &c battle, or extraordinary heroism.

Sec. 7. And be it further enacted, That the President of the United

Fleetpaymas- States shall appoint paymasters of the fleet and engineers of the fleet in
gineere. the same manner and with the same rank and pay as fleet surgeons ; and

Retired pay of the retired pay of surgeons, paymasters, engineers, and other staff officers
surgeons, pay- in the navy shall be the same as that of the retired officers of the line of
masters, &c ^ navy w ^ wnom tney have relative rank*

Sec. 8* And Be it further enacted, That all acts or parts of acts which
Repealing are inconsistent with the provisions of this act are hereby repealed
dause - ' Approved, April 21, 1864.

April 21,1864. Chap. LXTV. — An Act to amend an Act for enrolling antt calling out the National
1868 ch 75 6 5 F^ces so as to increase the Sank, Pay, and Emoluments of the Provost-Marshal
Vol xii.' p. Vli General

Be it enacted by ike Senate and Souse of Representatives of the United
States of America in Congress assembled, That the rank, pay, and emol-
B ^mamhal um6nts 0T> tne provost-marshal general, authorized by section Ave of said
general* acfc » shall be those of a brigadier-general.

Sec. 2. And be it further enacted, That all acts and parts of acts in-
Bepealing clause, consistent herewith are hereby repealed*

Approved, April 21, 1864

April 21* 1864. Chap, LXV. — An Act to change the Name of the District and Port of Presque Isle to

the District and Port of Erie*

n.***; t ifc it enacted by the Senate and Home of Representatives of the United '
frres^kle to . States of America in Congress assembled, That the district of Presque
be known as .Isle, in the state of Pennsylvania, shall hereafter be known as the district
Erf* of Erie, and the port of Presque Isle shall hereafter be known as the port

of Erie.
Approved, April 21, 1864

April 22, 1864. Chap. LX VX —Art Act in Amendment of an Act entitled "An Act relating to Foreign
1857, ch. 56, Corns and the Coinage of Cents at the Mint of the United States/ 9 ipproved February
Vol. xi. p. 168. twentg-one, eighteen hundred and fifty-seven.

Be it enacted by the Senate and Bouse of Representatives of the United
we^L&J? of States -of America in Congress assembled, That, from and after the pas-'
the cent ' sage of this, act, the standard weight of the cent coined at the mint of the

United States shall be forty-eight grains, or one tenth of one ounce troy $
and said cent shall be composed of ninety-five per centum of copper, and
five per centum of tin and zinc, in such proportions as shall be determined
by the director of the mint; and there shall be from time to time struck
Two-cent pieces and coined at the mint a two-cent piece, of the same composition, the
to be coined. standard weight of which shall be ninety-six grains, or one fifth of one
g . . ounce troy, with no greater deviation than four grains to each piece of
^ nape, devices, ^ cent an( j two-cent coins ; and the shape, mottoes, and devices of said

THIRTY-EIGHTH CONGRESS. Sess. L Ch. $6, 67. 1864

55

coins shall be fixed by the director of the mint, with the approval of the
Secretary of the Treasury; and the laws now in force relating to the
coinage of cents and providing for the purchase of material and prescrib-
ing the appropriate duties of tfhe officers of the mint and the Secretary of
the Treasury be, and the same are hereby, extended to the coinage herein
provided for.

Sec. 2. And be it further enacted, That all laws now in force relating Present laws
to the coins of the United States and the striking and coining the same thereto.
shall, so far as applicable, be extended to the coinage herein author-
ized, whether said laws are "penal or otherwise, for the security of the
coin, regulating and guarding the process of striking and coining, for pre-
venting debasement or counterfeiting, or for any other purpose*

Sec. S. And be it further enacted, That the director of the mint shall m ^^^
prescribe suitable regulations to insure a due conformity to the required conformity of al-
weights and proportions of alloy in the said coins; and shall order trials loy in such coins,
thereof to be made from time to time by the assayer of the mint, whereof
a report shall be made in writing to the director*

Sec. 4. And be it farther enacted. That the said corns shall be a legal Sa^coins to
tender in any payment, the one-cent coin to the amount of ten cents, and aadfawhat"
the two-cent coin to the amount of twenty cents ; and it shall be lawful to sums,
payout said coins in exchange for the lawful currency of the United
States, (except cents or half cents issued under former acts of congress,)
in suitable sums, by the treasurer of the mint, and by such other deposi-
taries as the Secretary of the Treasury may designate, under general
regulations proposed oy the director of the mint and approved by the
Secretary of the Treasury ; and the expenses incident to such exchange,
distribution, and transmission may be paid out of the profits of said coin-
age; and the net profits of said coinage, ascertained in like manner as is
prescribed in the second section of the act to which this is a supplement,
shall be transferred to the treasury of the United States*

Sec. 5. And be it farther enacted, That if any person or persons shall uJ^^^j^ ^
make, issue, or pass, or cause to be made, issued, or passed, any coin, tended^tobe
card, token, or device whatsoever, in metal or its compounds, intended to Ejjf 3 *** M
pass or be passed as money for a one-cent piece or a two-cent piece, such
person or persons shall be deemed guilty of a misdemeanor, and shall, on
conviction thereof be punished by a fine not exceeding one thousand dol-
lars, and by imprisonment for a term not exceeding five years*

Affboyed, April 22, 1864.

Chap. IXYSL—An Act far a Charter of Masonic Hall Association, in Washington * April 26, 1864*

C%, District of Columbia..

' Be it enacted by Ac Senate and House of Representatives of the United
Stoics of America in Congress assembled, That B* B. French, of the A Masonic HaU
Grand Encampment of the United States of America ; Robert McMurdy, ^So^^L
of the General Grand Royal Arch Chapter of the United States ; George
C. Whiting, of the Grand Consistory ; E* L. Stevens, of Osiris Lodge
of Perfection, No. 1 ; Z. D, Gilman, of Washington Commandery, No. 1 ;
W. P. Partello, of Columbia Commandery; W* AL Smith, of Columbia
Royal Arch Chapter, No. 15 ; W* G. Parkhurst, of Washington Royal
Arch Chapter, No. 16; James Steelle, of Mount Vernon Royal Arch
Chapter, No. 20 ; C. F* Stansbury, of the Grand Lodge of the District
of Columbia ; Joseph Nairn, of Federal Lodge, No* 1 ; N. Acker, of
Lebanon Lodge, 2Jo* 7 ; E. KLoman, of New Jerusalem Lodge, No. 9;
J..SL Turton, of Hiram Lodge, No. 10; T. J* Fisher, of Saint John's
Lodge, No* 11 ; L. Gassenheimer, of National Lodge, No. 12; J* Van
Riswick, of Washington Centennial Lodge, No. 14 ; J. C. McGuire, of
B. B. French Lodge, No. 15; F. L. Harvey, of Dawson Lodge, No. 16;
J. W* D. Gray, of Harmony Lodge, No. 17 $ J* M. Hanson, of Acacia

56

THIRTY-EIGHTH CONGRESS. Sbss. L Oh. 67/ 1664

Lodge, No. 18; N, D, Lamer, of Lafayette Lodge, No. 19, of the order
of free and accepted masons, of die District of Columbia, and their suc-
cessors to be appointed in the manner hereinafter declared, representing
the several masonic bodies before named, be, and they are hereby, face-r-
ise's of cor- porated and made a body politic and corporate, by the name of the

poration. Masonic Hall Association of the District of Columbia, and by that name

may sue and be sued, plead and be impleaded, in any court of law or
equity, of competent jurisdiction, and may have and use a common seal,
and the same change at pleasure, and be entitled to use and exercise all
the powers, rights, and privileges incident to such corporation*
Limit to Sec. 2* And be it farther enacted, That the said corporation shall be

amount of land, capable of taking and holding real and personal estate, which estate, per-
sonal and real, shall never be divided among the members of the said cor*
poration, but shall descend to their successors, duly elected and appointed
in the manner hereinafter declared by the bodies they represent, for the pro-
motion of the principles of the said corporation, and the benevolent purposes
of the order of free and accepted masons, which they represent: Provided,
That said corporation shall take and hold no more land than is necessary
for a site on which to erect a masonic hall, suitable and convenient for the
transaction of the business of the association and the promotion of the
principles and purposes aforesaid. But this provision shall not prevent
Booms, &c~ the said corporation from constructing suitable rooms and offices in con*

may be rented. nec tion with the said hall, to rent, and renting the same, and receiving

rent therefor, to be applied to the promotion of the principles and pur-
poses aforesaid.

• Capital stock; Seo. 3* And be it further enacted, That the capital stock of said cor-
number of shares, poration shall not exceed the sum of three hundred thousand dollars, and
&** that the stock shall be divided into shares of twenty dollars each ; and

shall be deemed personal property, transferable in such manner as the
constitution and by-laws of said corporation may direct
Books of sub- Sec. 4 And be it farther enacted, That within twenty days after the
scription to capi- passage of this act the corporators named in the first section, or a majority
opened to be 4 of them, or if any refuse or neglect to act, then a majority of the remain*

der, shall cause books of subscription to the capital stock of the said cor-
poration to be opened and kept open in such place and for a period to be
fixed by said corporators, or a majority of them, public notice of which
may be given by advertisement or otherwise as said corporators or a
Who to be majority of them may determine ; and subscribers upon said books to the
stockholders. capital stock of the corporation shall be held to be stockholders : Provided,

That every subscriber shall pay, at the time of subscribing, such per
centum of the amount by him subscribed to the treasurer elected or
appointed by the corporators, or a majority of them, as may be required
by said corporators or a majority of them, or his subscription shall be null
and void. And when the books of subscription to the capital stock of said
corporation shall be closed, the corporators named in the first section, or a
majority of them, and in case any of them refuse or neglect to act, then a
majority of the remainder, shall, within twenty days thereafter, call the
First meeting, first meeting of the stockholders of said corporation, to meet within ten
how called. days thereafter, for the choice of directors, of which public notice shall be

given for three days in two public newspapers published daily in Wash*
ington city, or by written personal notice served on each stockholder, by
the secretary or clerk of the corporation. And in all meetings of the
Votes. stockholders each share shall entitle the holder to one vote, to be given in

person or by proxy.

Directors. Sec. 5. And be it farther enacted, That the government and direction

of the affairs of the corporators shall be invested in a board of directors,
five in number, elected by the stockholders on the first Monday of Decem-
ber in each year from among the corporators named in the first section of
this act, and their successors, elected or appointed in the manner herein-

THIRTY-EIGHTH CONGRESS. Sess.L Ch.67, 6& 1864 57

after declared by the masonic bodies they represent, who shall hold their
office for one year and until others are duly elected and qualified to take
their places as directors ; and the said directors shall elect one of their
number to be president of the board, who shall also be president of the President, sec-
corporation, and shall elect a secretary from among their own number, or £J^> andtreas "
from the corporators aforesaid, who shall also be secretary of the corpora-
tion, and they shall also choose a treasurer, who shall give bonds wfth
surety to said corporation, in such sum as the said directors may require,
for the faithful discharge of his trust. A majority of the directors shall
form a quorum for the transaction of business, and in case of a vacancy in Quorum,
the board of directors by the death, resignation, or otherwise, of any
director, the vacancy occasioned thereby shall be filled by the remaining Vacancies,
directors from among the corporators named in the first section of this act,
or their successors duly elected or appointed in the manner hereinafter
declared by the masonic bodies they represent.

Sbo. 6. And be it farther enacted. That the directors shall have full
power to make and prescribe such by-laws, rules, and regulations as they By-laws,
shall deem needful and proper for the disposition and management of the
stock, property, estate, and effects of the corporation, not contrary to the
charter or to the laws of the United States and the ordinances of Wash-
ington city, and shall have power to alter or amend the same as the inter-
ests of the corporation, in their opinion, may require. And the said
directors shall have power to regulate the payment of interest upon the interest, divi-
certificates of stock held by the stockholders, or to the dividends that may deads, &c
accrue, and shall have power to provide for the redemption of the stock
held by individual!?, upon fair and equitable terms.

Sec. 7. And be it farther enacted. That each masonic body or organiza- Corporation to
tion, named in the first section of this act, shall be entitled, during the consist of one cor-
month of November, eighteen hundred and sixty-four, and annually there- 5^^f^Jui .
after, to meet and select, by ballot, one of its members as a successor to bodies,
the person then, or last, representing it as member of this corporation,
whose annual term expires next thereafter, or which may have expired
next before that time, so that said corporation shall forever consist of one
corporator from each of the said masonic bodies, named in the * first sec-
tion of this act : Provided, however, That should any of the said several Proviso,
masonic bodies, named in the first section of this act, surrender or forfeit
its masonic charter or warrant, or from any cause cease to be recognized
by the order of free and accepted masons, it shall not thereafter be
entitled to any representation in said corporation, nor shall the con-
tinued corporate existence and rights of this association be in anywise
affected thereby, so long as there remain five corporators qualified to act
as such.

Sec. 8* And be it farther enacted, That any masonic lodge, chapter, New masonic
council, commandery, or consistory now in existence or that may here- jg^ 1 ^
after be instituted in the District of Columbia, may, by and with the con-
sent of two thirds of the corporators named in the first section, or their
successors, be admitted to a representation in said corporation upon an
equal footing with the several masonic bodies named in the first section of
this act.

Sec. 9* And be it farther enacted, That this act may be altered, amen- Act maybe
ded, or repealed, at the pleasure of the congress of the United States of ^JJ^ 6 ^**
America* '

Approved, April 26, 1864

Chap. LXV1XL.—An Act to authorize the Issuing of a Register to the Steam Vessel April 28, 1864.

"John Martin*

Be it enacted by the Senate and Some of Representative* of the United
States of America in Congress assembled, That the Secretary of the Treas-

THIRTY-EIGHTH CONGRESS. Sbss.- I. 69. 1864

Register to fa- ury be, and be is hereby, authorized to issue a register to the steam
StallSST vessel "John Martin"

Approved, April 26, 1864

April 29, 1884. Chap. IiXDl. — An Act fixing certain flutes and Regida&onsjvr preventing Collisions on
* the Water.

Be it enacted by the Senate and House of Representatives of the United
Role&&c., jbr States of America in Congress assembled, That from and after September
fuions on^he ~ eighteen hundred and sixty-four, the following rules and regulation^
water. for preventing collisions on the water be adopted in the navy* and th$

mercantile marine of the United States : Provided, That the exhibition
Lights on ves* of any light on board of a vessel-of-war of the United States may be sus~
i^rbe esbibi^, pended whenever, in the opinion of the Secretary of the Navy, the com-
when,&c mander-in-chief of a squadron, or the commander of a vessel acting

singly, the special character of the service may require it

R^om. REGULATIONS FOR PREVENTING COLLISIONS ON

THE WATER.

GOK'JfJfiKTS.

Article 1. Preliminary.

Rules concerning lights :—

* 2. Lights to be carried as follows:
" 3. Lights for steamships.

" 4 Lights for steam-tugs*

u 5. Lights for sailing-ships.

" 6. Exceptional lights for small sailing-vessels.

« 7* Lights for ships at anchor*

u 8. Lights for pfloPvessels.

« 9. Lights for fishing-vessels and boats.

Rules concerning fog-signal! : —
« 10. Fog-signals,

Steering and sailing rules:
« 11. Two sailing-ships meeting*
a 12. Two Bailing-ships crossing.
» 18. Two ships under steam meeting.

* 14 Two ships under steam crossing.

" 15* Sailing-ship and ship under steam. *

* 16. Ships under steam to shacken [slacken] speed.
" 17* Vessels overtaking other vessels*

« 18* Construction of articles 12, 14, 15, and 17*

* 19. Proviso to save special cases.

u 20. No ship under any circumstances to neglect prooer pre-
cautions.

PRKLTMTNART.

What to be AftfriCLfe 1* In the following rules every steamship which is tender sail*
r^fahZ&iid^ trod not under steam, is to be considered a sailing-ship ; and every steam-
w£t2?pa under ship which is under steam, whether under sail or not, is to be considered
eteam. a ship under steam*

Rules for Ugbte. RULES CONCERNING XI&HT&

LIG-PTS.

Article 2. The lights mentioned in the foflbwuig articles, and no
others* shall be carried in all weathers between sunset and sunrise.

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 69. 1864.

59

LIGHTS FOB STEAMSHIPS.

Article 3. All steam-vessels when under way shall carry— Lights for

(a) At the foremast head, a bright white light, so fixed as to show an steamships;
uniform and unbroken light over an arc of the horizon of twenty points

of the compass, so fixed as to throw the light ten points on each side of
the ship, viz : from right ahead to two points abaft the beam on either
side, and of such a character as to be visible on a dark night, with a clear
atmosphere, at a distance of at least five miles*

(b) On the starboard side, a green light, so constructed as to throw an
uniform and unbroken light over an arc of the horizon of ten points of the
compass, so fixed as to throw the light from right ahead to two points
abaft the beam on the starboard side, and of such a character as to be vis*
ible on a dark night, with a clear atmosphere, at a distance of at least two
miles.

(c) On the port side, a red light, so constructed as to show an uniform
unbroken light over an arc of the horizon of ten points of the compass,
so fixed as to throw the light from right ahead to two points abaft the
beam on the port side, and of such a character as to be visible on a dark
night, with a clear atmosphere, at a distance of at least two miles.

(d) The said green and red side lights shall be fitted with inboard
screens, projecting at least three feet forward from the light, so as to pre-
vent these lights from being seen across the bow.

LIGHTS FOB STEAM-TUGS.

Article 4. Steamships, when towing other ships, shall carry two for steam-tugs,
bright white masthead lights vertically, in addition to their side lights, so
as to distinguish them from other steamships. Each of these masthead
lights shall be of the same construction and character as the masthead
lights which other steamships are required to carry.

LIGHTS FOB SAILING-SHIPS.

Article 5. Sailing-ships underway or being towed shall carry the for sailing-
same lights as steamships under way, with the exception of the white ^
masthead lights, which they shall never carry.

EXCEPTIONAL LIGHTS FOB SHALL SAILING-VESSELS.

Article 6. Whenever, as in the case of small vessels during bad Exceptional
weather, the green and red lights cannot be fixed, these lights shall be ^^^S?
kept on deck, on their respective sides of the vessel, ready for instant ex-
hibition, and shall, on the approach of or to other vessels, be exhibited on
their respective sides in sufficient time to prevent collision, in such man-
ner as to make them most visible, and so that the green light shall not be
seen on the port side, nor the red light on the starboard side.

To make the use of these portable lights more certain and easy, they
shall each be painted outside with the color of the light they respectively
contain, and shall be provided with suitable screens.

lights fob ships at anchor.

Article 7. Ships, whether steamships or sailing-ships, when at anchor Lights for ships
in roadsteads or fairways, shall, between sunset and sunrise, exhibit where at
it can best be seen, but at a height not exceeding twenty feet above the
hull, a white light in a globular lantern of eight inches in diameter, and
so constructed as to show a clear uniform and unbroken light visible all
around the horizon, and at a distance of at least one mile.

LIGHTS FOB PILOT-VESSELS.

Article 8. Sailing pilot-vessels shall not carry the lights required for *> r pita-ve*-

8618.

60 THIRTY-EIGHTH CONGRESS. Sess\ I Cs. 69. 1864

other sailing-vessels, but shall cany a white light at tne masthead, visible
all round the horizon, and shall also exhibit a flare-up light every fifteen
minutes.

LIGHTS FOR FISHING- VESSELS AND BOATS.

Lights for fish- Abticle 9. Open fishing-boats and other open boats shall not be re*
hgjjrossels and quired to carry .side lights required for other vessels, but shall, if they do

not carry such lights, carry a lantern having a green slide on die one side
and a red slijle on the other side, and on the approach of or to other ves-
sels, such lantern shall be exhibited in sufficient time to prevent collision,
so that the green light shall not be seen on the port side, nor the red light
on the starboard side. Fishing-vessels and open boats when at anchor,
or attached to their nets and stationary, shall exhibit a bright white light
Fishing-vessels and open boats shall, however, not be prevented from
using a flare-up in addition, if considered expedient.

RULES GOVERNING FOG-SIGNALS.

FOG-SIGNALS.

%

Rules for fog- Article 10. Whenever there is a fog, whether by day or night, the
fog-signals described below shall be carried and used, and shall be sounded
at least every Ave minutes, viz : —

(a) Steamships under way shall use a steam-whistle placed before the
funnel, not less than eight feet from the deck.
(}) Sailing-ships under way shall use a fog-horn,
(c) Steamships and sailing-ships when not under way shall use a bell* -

STEERING AND SAILING RULES.

TWO SAILING-SHDPS MEETING*

Article 11. If two sailing-ships are meeting end on, or nearly end
on, so as to involve risk of collision, the helms of both shall be put to port,
so that each may pass on- the port side of the other*

TWO SAILING-SHIFS CROSSING.

Article 12. When two sailing-ships are crossing so as to involve risk
of collision, then, if they have the wind on different sides, the ship with
the wind on the port side shall keep out of the way of the ship with the
wind on the starboard side, except in the case in which the ship with the
wind on the port side is close-hauled, and the other ship free, in which
case the latter ship shall keep.out of the way* But if they have the wind
on the same side, or if one of them has the wind aft, the ship which is to
windward shall keep out of the way of the ship which is to leeward*

TWO SHIPS UNDER STEAK MEETING*

Article 18* If two ships under steam are meeting end on, or nearly
end on, so as to involve risk of collision, the helms of both shall be put to
port, so that each may pass on the port side of the other.

TWO SHIPS UNDER STEAK CROSSING*

Article 14. If two ships under steam are crossing so as to involve
risk of collision, the ship which has the other on her own starboard side
shall keep out of the way of the other.

SAILING-SHIP AND SHIP UNDER STEAM.

Article 15. If two ships, one of which is a sailing-ship and the other
a steamship, are proceeding in such directions as to involve risk of col-
lision, the steamship shall keep out of the way of the sailing-ship.

signals.

Steering and
sailing rules.

Two sailing-
ships meeting;

Two sailing-
ships crossing.

Two ships
under steam
meeting;

Two ships
under steam

Sailing-ship
and ship under
steam.

THBBTT-BIGHTH CONGRESS, Ses& I Ca. 70, '71. 1864

61

SHIPS UNDER STEAM TO SLACKEN SPEED.

Article 16. Every steamship, when approaching another ship, so as to Ships imder
involve risk of collision, shall slacken her speed, or, if necessary, stop and |^£ to
reverse; and every steamship shall, when in a fog go at a moderate
speed.

VESSELS OVERTAKING OTHER VESSELS.

Article 17. Every vessel overtaking any other vessel shall keep out ta ^ e ^ e ^^
of way of the said last-mentioned vessel. sels.

CONSTRUCTION 07 ARTICLES 12, 14, 15, AND 17.

Article 18. Where, by the above rules, one of two ships is to keep of 9^^ e ?£ n u
out of the way, the other shall keep her course subject to die qualifies,- 15j ^417. '
tions contained in the following article : —

PROVISO TO SAVE SPECIAL OASES.

Article 19. In obeying and construing these rules doe regard must Special cases,
be had to all dangers of navigation, and due regard mast also be had to
any special circumstances which may exist in any particular case render-
ing a departure from the above rules necessary in order to avoid immedi-
ate danger.

NO SHIP UNDER ANT CIRCUMSTANCES TO NEGLECT PROPER

' PRECAUTIONS.

Article 20. Nothing in these rules shall exonerate any ship, or the Properprwa*
owner, or master, or crew; thereof from the consequences of any neglect ^^^semd.
to carry lights or signals, or of any neglect to keep a proper lookout, or
of the neglect of any precaution which may be required by the ordinary
practice of seamen, or by the special circumstances of the case.

Approved, April 29, 1864.

Chap. LXX.—An Act to provide for the Collection of Homital Dues from Vessels of the Ap ril 29, 1864.

United States sold or transferred in foreign Forts or Waters.

Be it enacted hy the Senate and Heme of Representatives of the United
State* of America in Congress assembled, That in case of the sale or Hospital dues to
transfer of any vessel of the United States in a foreign port or water, be collected from
the consul, vice-consul, commercial agent, or vice^ommercial agent of J^ffi
the United States within whose consulate or district such sale or trans- foreign ports,
fer shall have been made, or in whose hands the papers of such
vessel shall be, be and he is hereby authorized and required to collect
of the master or agent of such vessel, all moneys that shall have become
due to the United States under and by virtue of the act entitled u An act
for the relief of sick and disabled seamen," approved July sixteenth,
seventeen hundred and ninety-eight, and shall remain unpaid at the time 1798, C h. 77.
of such sale or transfer ; and that the said consul, vice-consul, commercial Vol. i p« 60S.
agent, or vice-commercial agent, (as the case may be,) be, and he is here*
by, instructed and required to retain possession of the papers of such
vessel until such money shall have been paid as herein provided ; and
in default of which, such sale or transfer shall be void, excepting as against
the vendor : Provided, That this act shall not take effect until the expira- e ^f a ******
tion of sixty days from and after its passage.

Approved, April 29, 1864.

»

Chap. IiXXT. — An Act to increase the Compensation of Inspectors of Customs in cer- April 29, 1364.

talk Ports*

Be it enacted by the Senate and Souse of Representatives of the United
State* of America in Congress assembled, Ttiat the Secretary of the
VOL.XHL Pub. — 6

62 THIRTY-EIGHTH CONGRESS. Sess.L Ch. 72, 73, 74 1864

Pay of inspee- Treasury be, and lie hereby is, authorized to increase the compensation
in^wt^Sorts °^ inspectors of customsMn such ports as he may think it advisable so to
mar be increased do, and may designate, by adding to the present compensation of said
i8(S/n^tended ( ^ cers a sum not exceeding one dollar per day* Bnt the increase here-
to July 1886. °y authorized shall not extend beyond July first, eighteen hundred and
Post) p. 460.] sixty-five.

Approved, April 29, 1864

April 29, 1864 Chap. LXXR— An Act in Reference to Donation Claim in Oregon and Washington.

Be it enacted by ike Senate and Some of Representatives of ike United
Subdivision of States of America in Congress assembled, That whenever it shall appear
fncKn 1 ^ that two donation settlers in the state of Oregon or Washington territory
Washington. shall hold their conterminous improvements in such a manner as may re-
quire a half quarter section to be divided into two equal parts by a line
north and south or east and west, it shall and may be lawful for the com-
missioner of the general land-office to issue patents recognising for each
claimant such subdivisions; this enactment* to include cases existing at
the date of this act, where the claim may be proved and established
according to law.
Appbovbd, April 29, 1864

April 2ft, 1864. Chap. ltXXHL.*—An Act fir the Relief if Postmasters who have'been robbed by cm*
federate Forces or Rebel Guerrillas*

Be it enacted by the Senate and Bouse of Representatives of ike United
'th^tofouu* States of America in Congress assembled. That in all cases' where loyal
xobbed by guer- postmasters have been robbed by confederate forces or rebel guerrillas,
rillas, &&, of of post-office stamps, stamped envelopes, or of money received and col-
taMoldited with * ecte ^ belonging to, and held for the government of the United
the amount. States, and where such robbery has not been caused by the default or
1865, ch. 89, § negligence of the postmaster, the Postmaster-General shall be, and he is
% 1 * ' hereby, authorized to credit such postmaster, in the settlement of his*
Post, p. 505. accounts, with the amount of which be may have been so robbed. And
in cases where no such credit has been allowed, and the postmaster has
When money heen required to and has accounted for and paid over to the Post-Office
2s to b« refunded. Department the sum or slims of which he may have been so robbed, as

aforesaid, the Postmaster-General is authorized to refund the same to such
♦postmaster*

Appbovbd, April 29, 1864

May 8,1864. Chap. LXXEV. — An Act to aid the Indian Refitgm to return to their Homes in the

Indian Territory,

Be it enacted by the Senate and Bouse of Representatives of the United
Appropriation States of America in Congress assembled, That* there be, and is hereby,
destita^Tn^ans appropriated, out of any money in the treasury* not otherwise appropri-
m the southern ated, for the removal and temporary relief of the refugee and destitute
euperintendency. Indians in the southern superintendency, viz : for expenses of transpor-
tation and subsistence by the way to the Indian territory, fifty-two thou-
sand dollars ; for temporary subsistence In the Indian country. of refugee
and destitute Indians, to the close of the present fiscal year, one hundred
and fifty-three thousand dollars; for seeds, ploughs, and necessary agri-
cultural implements, to enable them to raise a crop the present season,
eighteen thousand dollars.
Approved, May 3, 1864

THIRTY-EIGHTH CONGRESS. S*as.I. Gj* f7, 78. . 1864 63

Chap* fcXXVH — An Act to vacate and seB the present Indian Reservations in Utah May 5, 1364.
Territory, and to settle the Indians of said Territory in the Uinta Valley.

Be it enacted ty the Senate and Home of Representatives of the United
States of America in Congress assemblea,.Th&t the Secretary of the In- Indian reaerva-
terior be, and he is hereby, authorized and required to cause the several Te^tor^tobB
Indian reservations heretofore made, or occupied as such, in the territory surveyed and
of Utah) excepting Uinta valley, to be surveyed into tracts or lots, not ex- sol**
ceeding eighty acres each, under the direction of the commissioner of Uinta valley
the general land-office, and upon the completion of such surveys shall v™**^
cause said tracts or lots to be sold, upon sealed bids, to be duly invited by Mode of sale,
public advertisement, for a period not less than three months, in a news-
paper of general circulation published in the territory of Utah, and also
a newspaper published in Washington, to the highest and best bidder;
said bids may be filed with the governor of said territory at the seat of
government thereof, and with the Secretary of the Interior in Washing-
ton ; such bids as may be received by said governor shall, without open-
ing the same, be forwarded to the Secretary of the Interior, 'when the
same, with the bids filed with him, shall be opened in the presence of the
Secretary of die Interior, the commissioner of public lands, and the com-
missioner of Indian affairs, and any bidders who may choose to be present
at the opening thereof ; and the Secretary of die Interior shall apply the
proceeds of such sales to the construction pf improvements upon the Proceeds of
reservations which may be established under the provisions of this act, or B jjS5J? >wt0 * ,e
by other lawful authority, or to the purchase of stock, agricultural imple- apI *^
nients, or such other useful articles as to him may seem best adapted tc
the wants and requirements of* the Indians : Provided, That no tract of Mjnlmnm price,
land shall be sold under the provisions of this section for less than its ap-
praised value in cash, to be duly ascertained by commissioners appointed
by the Secretary of the Interior for that purpose.

Sec. 21 And be it further enacted, That the superintendent of Indian The Indians in
affairs for the territory of Utah be, and he is hereby, authorized* and re- tteterritor/ to
quired to collect and settle all or so many of the Indians of said territory tFintovalley.
'as may be found practicable in the Uinta valley, in said territory, which
is hereby set apart for the permanent settlement and exclusive occupation
of such of the different tribes of Indians of said territory as 'may be in-
duced to inhabit the same*

Sec. 8. And be it further enacted. That, for the purpose of niaking Appropriation
agricultural improvements in the Uinta valley for the comfort of the In- for agricultural
dians who may inhabit the same, and to enable them to bepome self-gus- ^^f 10011
taining by means of agriculture, there is hereby appropriated, out of any
money in the treasury not otherwise appropriated, the sum of , thirty
thousand dollars, which sum shall be expended by the superintendent of
Indian affairs for said territory, under the instruction of the Secretary of
the Interior,

Appbovbd, May 5, 18'64.

Coap. TjX X VJLlX — An Actjbr the Prevention and Punishment of Frauds in Relation to May &, 1864.

the Names of Vessels* ■ *

Be it enacted by tike Senate and Heme of Representatives of the United
States of America in Congress assembled, That every steamboat of the Names of
United States shall, in addition to having her name painted on her stern, steamboats,
as now required by law, also have Jfy& same conspicuously placed in dis- ^g^^otae
tinct, plain letters, of not, less than six inches in length, on each outer side vessel,
of the pilot-hopse, if it has such, and (in case the said boat has side-wheels)
also on the outer side, of each wheel-house ; and if any such steamboat
shall be found without having her name placed as herein required, she
•shall be subject to the same penalty and forfeiture as Is now provided by Penalty*
law in the case of a vessel of the United States found without having her

64

THIRTY-EIGHTH CONGRESS* Sass.L 1864

name and the name of the port to which she belongs painted on her stern,
as required by law.

. ^ame not to g EC# % & farther enacted, That no master, owner, or agent 01

dace^olfprac- w*j vessel of the United States shall in any way change the name of such
tiaed as to name, vessel, or by any device, advertisement, or contrivance, deceive, or attempt

to deceive, the public, or any officer or agent of the United States gov**
ernment, or of any state, or any corporation or agent thereof, or any per-
son or persons, as to the true name of such vessel, on pain of the forfeit-
When act takes lire of such vessel: Provided. That this act shall not take effect until the
expiration of sixty days from and after its passage.
Approved, May. 5, 1864.

May 5, 1864. Chap. LXXDC — An Act making a Grunt of Lands to the State of Minnesota, to aid
% in the Construction of the Railroad from Saint Paul to Lake Superior.

Be it enacted by the Senate and Home of Representatives of the United
Lands granted States of America in Congress assembled, That there be, and there is
a^wilSftSm hereb 7> granted* to the state of Minnesota for the purpose of aiding in the
Saint Paul to construction of a railroad in said slate from the city of Saint Paul to the
headof Lake head of Lake Superior, every alternate section of public land of the United
Superior. States, not mineral) designated by odd numbers, to the amount of five

alternate sections per mile on each side of the said railroad on the line
thereof, within the state of Minnesota ; but in case it shall appear that the
United States have, when the line or route of said road is definitely fixed,
Reserved or sold, appropriated, reserved, or otherwise disposed of any sections, or any
preempted lands, thereof, granted as aforesaid, or that the right of preemption or

homestead settlement has attached to the same, then it shall be the duty
of the Secretary of the Interior to select from the lands of the United
States nearest to the lines of sections above specified, in alternate sections
or parts thereof, so much public land of the United States, not mineral, as
shall be equal in amount to such lands as the United States have sold or
otherwise appropriated, or to which the rights of preemption or homestead
settlement may have attached, as aforesaid ; which lands thus selected in
lieu of those sold, reserved, or otherwise appropriated or disposed of, or to
which the rights of preemption or homestead settlement may have attached,
as aforesaid, together with the sections and parts of sections designated as
aforesaid, and appropriated as aforesaid, shall be held and disposed of by
Land not to be the said state for the use and purpose aforesaid : Provided, That the land
twe^mS^** to be 60 seIecte ^ shall in no case be located farther than twenty miles from
from the road, the lines of said road : And provided, further, That the lands hereby
Lands granted, granted for and on account of said road shall be exclusively applied in the
how to be applied, construction of the same, and for no other purpose whatever, and shall be

disposed of only as the work progresses through the same, as in this act
Not to be ap- hereinafter provided : Provided, oho, That no part of the land granted by
phedtocertain ^ g ^. ^ e gpp]^ to aid in the construction of any railroad, or part

thereof, for the construction of which any previous grant of land may have
Former reser- been made by congress : And provided, further, That any and all lands
in Wftt * k eret °fore reserved to the United States by any act of congress, or in any

other manner by competent authority, for the purpose of aiding in any
object of internal improvement, or for any other purpose whatsoever, be,
and the same are hereby, reserved to the United States, from the opera-
tions of this act, except so far as it may be found necessary to locate the
route of the said road through such reserved lands ; in which case the
right of way only shall be granted, subject to the approval of the Fresi*
Minimum price dent of the United States : Provided, further, That the minimum price of
"Wanted! 11 * 8 DOt the even -sections and parts of sections of the public lands of the United

States, within the limits of tea miles oh each side of the line of said road,
shall be two dollars and fifty cents per acre.
Sec* 2. And he it further enacted, That whenever said state shall

THIRTY -EIGHTH CONGRESS. Sbss. L Ch. 79. 1864.

65

cause to be completed twenty consecutive miles of any portion of said Patents for the
railroad, supplied with all necessary drains, culverts, viaducts, crossings, *$Je^Jj^
sidings, bridges, torn-outs, watering-places, depots, equipments, furniture, to issue,
and all other appurtenances of a first-class railroad, patents shall issue
conveying the right and title to said lands to said state, on each side of the
road, as far as the same is completed, and' coterminous with said com-
pleted section, not exceeding the amount aforesaid, and patents shall in
like manner issue as each twenty miles of said road is completed : Pro-
vided, however, That no patents shall issue for any of said lands unless
there shall be presented to the Secretary of the Interior a statement, cer- Certific ^_jf
tified by the governor of the state of Minnesota, that such twenty miles j^wta!"
have been completed in the manner required by this act, and setting forth
with certainty the points where such twenty miles begin and where the
same end*

Sec* 8. And be it further enacted, That when the said road shall be Lands granted*
definitely located, and a plat thereof filed with the Secretary of the Lite- w ^ILSto*
rior, the lands hereby granted shall not thereafter be subject to settlement, wition?$B?~
preemption, or private entry adverse to this grant

Sec. 4. And be it Jwiher enacted, That the said state, in addition to'tbe Bight of vt&y
grant heretofore mentioned, is hereby authorized to locate the said road over public lands,
over any public lands of the United States, not otherwise appropriated,
reserved, or disposed of, and that the right of way over said lands of the
United States for the purpose aforesaid is hereby granted to said state to
the width of one hundred feet on each side of said road as located. Width.

Sec. 5. And be it Jwiher enacted. That the said lands hereby granted Lands to be
when patented to said state, stall be subject to the disposal of said stale
for the purposes aforesaid, and for no other ; and the said railroad shall
be and remain a public highway for the use of the government of the Road to be
United States, free from all toll or other charge, for the transportation of P uWic hi « hwa ^
any property or troops of the United States.

Sec. 6. And be it Jwiher enacted, That if said road is not completed So ^? be . fhfn
within eight years from the time of the passage of this act, as provided ^Jhtyears^tf
herein, no further patents shall be issued for said lands, and no further not, lands to re-
sale shall be made, and the lands unsold shall revert to the United States. yert

Sec. 7. And be it fvrtker enacted. That the United States mail shall Mails to be car-
be transported over said road, under the direction of the Post-Office De- riedatsuca price
partment, at such price as congress may by law direct : Provided) That Jj^ n f£? 88
until such price is fixed by law the Postmaster-General shall have the
power to determine the same.

Sec. 8* And be it Jwiher enacted, That any railroad which may here- Certain ratt-
after be constructed from any point on the Bay of Superior, in the state ^?^?I^ fer
of Wisconsin, shall be permitted to connect with the said railroad, for the connect withS,
construction of which the said lands are hereby granted, at any point
which may be selected by the president and directors of said railroad com-
pany so permitted to connect their said road, and the said railroad com-
pany so permitted to connect shall have the right and privilege to trans-
port, or have transported, over the track of said railroad, for the con-'
struction of which the said lands are hereby granted, all or any of its cars,
passengers, or freights, and th$ said railroad company controlling the ThferaDroad
said road, for the construction of which the said lands are hereby granted, taossT*
shall have the same right and privilege to transport or have transported
all or any of its cars, freights, or passengers over the track of the said
railroad of the company so permitted to connect, and said transportation*
shall be paid by the railroad company using, to the railroad company
according the same, at the usual rates or charges which may 'be imposed
by the said company upon all other cars, freights, or passengers*

Appbovep, May 5, 1864

6*

66

THIBTT-EIGHTH CONGRESS. Sess. I. Oh. 80. 1864.

May 8, 1864* Chap. LXXX.— «4n Act granting lands to aid in ike Construction of certain Railroads

in the State of Wisconsin,

Be it enacted by the Senate and House of Representatives of the United
Land granted States of America in Congress assembled^ That there be, and is hereby,
to Wisconsin for granted to the state of Wisconsin, for the purpose of aiding in the con-
certain railroad*; strac tion of a railroad from a point on the Saint Croix river or lake, be-
from Saint tween townships twenty-five and thirty-one, to the west end of Lake
lake VlSeSii- Superior, and from some point on the line of said railroad, to be selected
perior. " by said state, to Bayfield, every alternate section of public land designated

by odd numbers, for ten sections in width on each side of said road, de-
ducting any and all kinds that may have been granted to the state of
Wisconsin for the same purpose, by the act of congress of Jane three,
^x^p^ao e *8 nteen hundred and fifty-six, upon the same terms and conditions as* are
p * * contained in the act granting lands to the state of Wisconsin, to aid in the
construction of railroads in said state, approved June three, eighteen bun*
dred and fifty-six. But in case it shall appear that the United States
Keserved or have, when the line or route of said road is definitely fixed, sold, reserved,
preempted lands. or otherwise disposed of, any sections or parte thereof, granted as afore-
said, or that the right of preemption or homestead has attached to the
same, then it shall be lawful for any agent or agents, to be appointed by
said company, to select, subject to the approval of the Secretary of the
Interior, from the public lands of the United' States nearest to the tier of
sections above specified, as much land in alternate sections or parts of
sections, as snail be equal to such lands as the Uaited States have sold or
otherwise appropriated, or to which the right of preemption or homestead
has attached as aforesaid, which lands (thus selected in lieu of those sold,
and to which preemption or homestead right has attached as aforesaid,
together with sections and parts of sections designated by odd numbers
as aforesaid, and appropriated as aforesaid,) shall be held by said state
Lands not to for the use and purpose aforesaid: Provided^ Thaf the lands to be so
^to^ted more located shall in no case be further than twenty -miles from the line of
mam from the tne roads, nor shall such selection or location be made in lieu of lands
road. received under the said grant of June three, eighteen hundred and fifty-

six, but such selection an4 location may be made for the benefit of said
state, and for the purpose aforesaid, to supply any deficiency under the
said grant of June third, eighteen hundred and fifty-six, should any such
deficiency exist.

Road from Sec. 2. And be it further enacted, That there be, and is hereby, granted

Croferi^er!* 511 * 10 ^ state rf WisC0nsm > &r the purpose of aiding in the construction of

a railroad from the town of Toman, in the county of Monroe, in said state,
to the Saint Croix river or lake, between townships twenty-five and
thirty-one, every alternate section of public land designated by odd num-
bers for ten sections in width on each side of said road, deducting any
and all lands | that may have been granted to the state of Wisconsin for the
same purpose, by the act of congress granting lands to said state to aid in
1856. ch\ 43* tne construction of certain railroads, approved June three, eighteen bun-
Vol. xi. p. 20. dred and fifty-six, upon the same terms and conditions as are contained in
the said act of June three, eighteen hundred and fifty-six. But in case it
shall appear that the United States have, when the line or route of said road
is definitely fixed, sold, reserved, or otherwise disposed of any sections, or
Reserved or parts of sections, granted as aforesaid, or that the right of preemption or
preempted lands, homestead has attached to the same, then it shall be lawful for any agent

or agents to be appointed by said state to select, subject to the approval
of the Secretary of the Interior, from the public lands of the United States
nearest to the -tier, of sections above specified, as much land, in alternate
sections, or parts of sections, as shall be equal to J?uch lands as the United
States have sold, or otherwise appropriated, or to which the rjght of pre-
emption or homestead has attached, as aforesaid, which lands (thus selected
in. lieu of those sold, and to* which preemption or homestead right has

. THIRTY-EIGHTH CONGEESS* ' SUssv L • > Xfo SO* 1864.

attached as aforesaid, together with sections and parte of sections) desig-
nated by odd numbers as aforesaid,* and appropriated as aforesaid) shall
be held by said state for the use and purpose aforesaid: Provided, That v^^J^J*^
the lands to be so located shall in no case be farther than twenty miles than twenty
from the line of the said road, nor shall such selection or location be made m&es from the
in lien of lands received under the said grant of June three, eighteen bun* xoa **
dred and fifty-six, but such selections and locations may be made for the
benefit of said state, and for the purpose aforesaid, to supply any deficiency
under the said grant of June three, eighteen hundred and fifty-six, should
any such deficiency exist

Sac. 8. And be U further enacted, That there be, and is hereby, Road from
granted to the state of Wisconsin, for the purpose of aiding in the con- J^J^JJm to
s traction of a railroad from Portage city, Berlin, Dory's Island, or Fon g^eid, &<k
da Lac, as said state may determine, in a northwestern direction, to
Bayfield, and thence to Superior, on Lake Superior, every alternate
section of public land, designated by odd numbers, for ten sections in
width on each side of said road, upon the same terms and conditions
as are contained in the act granting lands to said state to aid in the con-
struction of railroads in said state, approved June three, eighteen hun- is&6, ch. 43.
dred and fifty-six. But ia case it shall appear that the United States Vol. zL p. 20.
have, when the line or route of said road is definitely fixed, sold, reserved,
or otherwise disposed of any sections or parts thereof, granted as afore-
said, or that the right of preemption or homestead has attached to the ^ ser J^i an i
same, that it shall be lawful for any agent or agents of said state, ap- m ^ .
pointed by the governor thereof, to select, subject to the approval of the
Secretary of the Interior, from the lands of the United States nearest to
the tier of sections above specified, as much public land in alternate sec-
tions, or parts of sections, as shall be equal to such lands as the United
States have sold or otherwise appropriated, or to which the right of pre-
emption or homestead has attached as aforesaid, which lands (thus selected
in lieu of those sold and to which the right of preemption or homestead
has attached as aforesaid, together with sections and parts of sections
designated by odd numbers as aforesaid, and appropriated as aforesaid)
shall be held by said state, or by the company to which she may transfer
the same, for the use and purpose aforesaid: Provided, That the lands Limit and loca-
te be so located shall in no case be further than twenty miles from the tion of land*
line of said road*

Sbc. 4. And be it farther enacted. That the sections and parts of* sec- ^Minimum price
tions of lands which shall remain to the United States within ten miles on ^^ afa5ng
each side of said roads shall not be sold for less than double the minimum
price of the public lands when sold ; nor shall any of the said reserved
lands become subject to private entry until the same have been first
offered at public sale at the increased price*

Sbc 5, And be it further enacted, That the.time fixed and limited for Time for com-
the completion of said roads in the act aforesaid df June three, eighteen l^^^e^
hundred and fifty-six, be and the same is hereby extended to a period of
five years from and after the passage of this act.

SeO. 6* And be it further enacted, That any and all lands reserved to Landsjbrmer-
the United States by any act of congress for the purpose of aiding in any fends
object of internal improvement, or in any manner for any purpose what- exempted from
soever, and all mineral lands be and the same are hereby reserved and thi L a &^?l pt
excluded from the operation of tins act, except so for as it may be found way. *
necessary to locate the route of such railroads through such •reserved
lands, in which case the right of way only shall be granted, subject to the
approval of the President of the United States.

Sec* 7. And be it further enacted, That whenever the companies to Jt^^t^I^
which this grant is made, or to which the same may be transferred, shall IJenMidhow
have completed twenty consecutive mile* of any portion of said railroads, to issue,
supplied with all necessary drains, culverts, viaducts, crossings, sidings,

68

THIRTY-EIGHTH CONGRESS. Sess.1. Ch.81. 1864.*

Certificate of
the governor of
Wisconsin.

Lands to be
applied only to
the purposes of
the roads.

Roads to be
public highways
for the use of the
United States.

Roads, when
to be' completed.

If not, lands
unsold to revert
to the United
States.

bridges, tarn-oats, watering-places, depots, equipments, furniture, and all
other appurtenances of a first-class railroad, patents shall issue conveying
the right and title to said lands to the said company entitled thereto, on
each side of the road, so far as the same is completed, and coterminous
with said completed section, not exceeding the amount aforesaid, and
patents shall in like manner issue as each twenty miles of said road is
completed : Provided, however, That no patents shall issue for any of said
lands unless there shall be presented to the Secretary of the Interior a
statement, verified on oath or -affirmation by the president of said com-
pany, and certified by the governor of the state of Wisconsin, that such
twenty miles have been completed in the manner required by this act,
and setting forth with certainty the points where such twenty miles begin
and where the same end; which oath shall be taken before a judge of a
court of record of the United States.

Sec. 8. And be it further enacted, That the said lands hereby granted
shall, when patented as provided in section seven of this act, be subject
to the disposal of the companies respectively entitled thereto, for the pur-
poses aforesaid, and no other, and the said railroads be, and shall remain,
public highways for the use of the government of the United States, free
from all toll or other charge, for the transportation of any property or
troops of the United States.

Sec* 9. And be it further enacted, That if said road mentioned in the
third section aforesaid is not completed within ten years from the time of
the passage of this act, as provided herein, no further patents shall be
issued to said company for said lands, and no further sale shall be made,
and the lands unsold shall revert to die United States,

Approved, May 5, 1864

May 5, 18 SA* Chap. LXXXI — 4* Act to amend "An Act to incorporate the inhabitants of the City
1820 ch.104, § °f Washington,*' passed Af ay fifteen, eighteen hundredvmd twenty*

S. '

Vol. iii p. 587. Be it enacted bp the Senate and House of Representatives of the United
Section eight States of America in Oongress assembled, That the first paragraph of
of farmer act section eight of "An act to incorporate the inhabitants of the city of
amen ed. Washington," passed May fifteenth, eighteen hundred and twenty, be
1865, ch. 48. amended so as to read as follows : That the said corporation shall have full
JPottt p. 4S4» power and authority to lay taxes on particular wards, parts, or sections of
Taxes for local the city, for their particular local improvements, and to cause the curb*

s^ts^wSage, ? toIies to ^ e ^ *° e root carriage ways to be graded and paved, or so
drainage. much thereof as they may deem best, and the necessary sewerage and

drainage facilities to be introduced under and upon the whole or any por-
tion of any avenue, street, or alley, and also to cause the same to be suit-
ably paved and repaired, and to be at all times properly cleaned and
watered, and also to cause lamps to be erected therein, and to light the
same, and to pay the cost thereof out of the funds of the ward in which
such improvement shall be made ; this provision not to be construed as
repealing, but being intended as auxiliary to the power they already pos-
sess to make local improvements on the application of the owners of prop-
erty benefited thereby.
Pefton to be oBO. 2. And be it further enacted, That immediately upon the approval
appointed to see of this act the said corporation shall designate some proper officer thereof
cl^ed^atered. wnos $ ^ ut 7 shall be to see that the provisions of this act are properly
kept in repair, executed, and that the principal avenues and streets of the said city are
&c so cleaned and watered as to be at all times reasonably clean and free

from dust; and also to keep the pavements and side-walks upon said
avenues and streets at all times in suitable and proper repair; and it
shall farther be the duly of the said corporation to take such measures as
they shall deem wise to promote some uniform and general system of
drainage for said city.

THIRTY-EIGHTH CONGRESS* Sess. L Ch* 82, 83. 1864

69

* . _

Sec. 3. And be it farther enacted, That in all cases in which the streets, S1 S? JJ^its
avenues, or alleys of the said city pass through or by any of die property proportiottfor
of the United States, the commissioner of the public buildings shall pay to improvements in
the duly authorized officer of the corporation the just proportion of the certain 8treet8 '
expense incurred in improving such avenue, street, or alley, which the
said property bears to the whole cost thereof, to be ascertained in the
same manner as the same is apportioned among the individual proprie-
tors of the property improved thereby*

Approved, Ma^f 5, 1864,

Chap. ISXSIL—AnAct for the Belief of the Settlers upon certain Lands in CaUfornia. May 8,1884.

Be it enacted by the Senate and Bouse of Representative* of the United
Slates of America in Congress assembled. That any and all persons chum* Claimants of
ing, whether as preemptors or settlers, or under any grant or title, any SjJJ? ^""^
of the lands included within the exterior boundaries of a certain grant for for the xafcho
the rancho San Ramon, 'situate in the county of Contra Costa, in Caii- San Ramon, may
fornia, made to Bartolo Pacheco and Mariana Castro by Don Jose* Figue- ^f&ewo^
roa, governor of Upper California, on or; about the tenth (Jay of June,
eighteen hundred and thirty-three, and which claim, or two leagues there-
of, has been confirmed by the district court of the United States in
separate moieties, one in the name of Horace W» Carpenter, and the
other in the name of Rafael Soto de Pacheco and others, by a decree of
said court made and entered on or about the fourth day of June, eighteen
hundred and sixty-two, shall have the right in all courts to contest the
correctness oftfce" location of the lands so confirmed, within the said ex-
terior boundaries, notwithstanding any official or approved survey thereof
now made or hereafter to be made under the said decree of confirmation,
and notwithstanding any stipulation or consent given by the district attor-
ney of the United States authorizing such locations*

Sec. 2* And be it further enacted, That in case it shall be found that If the United
the United States have title to any of said lands within said exterior f < ^^ t j**£
boundaries, which have been settled upon and improved by any person, ianda,bona fide
in good faith, under a bona fide claim of title, such occupant, and each s |J t< J e ** thereon
settler upon said lands so situated, shall be entitled to enter and receive ^sax, &L*
a patent for one hundred and sixty acres of land, including his improve-
ments, upon payment, at the proper land-office, of the government price
of one dollar and twenty-five cents per acre, and proving that he was .one
of the actual and bona fide settlers on said lands, and had made improve-
ments thereon before the passage of this act*

Sbo* 8. And be it further mooted, That this act shall take effect im- When tins act
mediately* takes effect*

Approve©, May 5, 1864.

Chap. T/KXXlTT. — An Act to regulate the Admeasurement of Tonnage of Ships and May 6 t 1864»

Vessels of the United States, ^Amended,

Be it enacted by the Senate and House of Representatives of ike United Post} pf^I]*
States of America in Congress assembled, That every ship or vessel built SWjm and ve^
within thejjnited States, or that may be owned by a citizen or citizens j^t^how to
thereof, on or afte^the first day of January, eighteen hundred and sixty- be measured and
five, shall be measured and registered in the manner hereinafter provided ; regf*******
also every ship or vessel that is now owned by a citizen or citizens of the
United States shall be remeasured and reregistered upon her arrival after
said day at a port of entry in the United States, and prior to her depar-
ture therefrom, in the same manner as hereinafter described : Provided, Proviso.
That any- ship or vessel built within the United States after the passage
of this act may be measured and registered in the manner herein tnww
vided.

Sbo. 2* And be it further enacted, That the register of every vessel Register to ex-
press what*

i

70

THIRTY-EIGHTH CONGEESS. Sbsss-I. Ch. 83. 1864.

Tonnage-deck.
Vessel's length,

breadth of
beam,

depth of hold}

height under
spar-deck.

Measurements,
in what taken,
and how ex-
pressed.

Begister ton-
nage, to be
what and how
ascertained.

Table of classes
of vessels.
Class first,

second,

third,

fourth,

fifth,

sixth*

Transverse
area of vessel,
how ascertained.

shall express her length and breadth, together with her depth and the
height under the third or spar deck, which shall he ascertained in the
following manner : The tonnage-deck, in vessels having three or mora
decks to the hall, shall be the second deck from below ; in all other cases
the upper deck of the hall is to be the tonnage-deck* The length from the
forepart of the outer planking, on the side of * the stem, to the afterpart of
the main sternpost of screw steamers, and to the afterpart of the rudder-
post of all other vessels measured on the top of the tonnage-deck, shall be
accounted the vessel's length* The breadth of the broadest part on the
outside of the vessel shall be accounted the vessel's breadth of beam* A
measure from the under side of tonnage-deck plank, amidships, to the
ceiling of the hold (average thickness) shall be accounted the depth of
hold. If the vessel has a third deck, then the height from the top of the
tonnage-deck plank to the under side of the upper-deck plank shall be ac-
counted as the height under the spar-deck* AH measurement to be taken
in feet and fractions of feet ; and all fractions of feet shall be expressed in
decimals.

Sec. 8. And he it further enacted. That the register tonnage of a ves-
sel shall be her entire internal cubical capacity in tons of one hundred
cubic feet each, to be ascertained as follows : Measure the length of the
vessel in a straight line along the upper side of the tonnage-deck* from
the inside of the inner plank (average thickness,) at the side of the stem
to the inside of the plank on the stern timbers, (average thickness,) de-
ducting from this length what Is due to the rake of the bow in the thick-
ness of the deck, and what is due to the rake of the stern-timber in the
thickness of the deck, and also what is due to the rake of the stem-timber
in one third of the round of the beam ; divide the length so taken info the
number of equal parts required by the following table, according to the
class in such table to which the vessel belongs :—

TABLE OTP CLASSES.

Class 1* — Vessels of which the tonnage length according to the above
measurement is fifty feet or under, into six equal parts*

Glass 2. — Vessels of which the tonnage length according to the above
measurement is above fifty feet, and not exceeding one hundred feet long,
into eight equal parts.

Class 3* — Vessels of which the tonnage length according to the above
measurement is above one hundred feet long, and not exceeding one
hundred and fifty feet long, into ten equal parts*

Class 4. — Vessels of which the tonnage length according to the above
measurement is above one hundred and fifty feet, and not exceeding two
hundred feet long, into twelve equal parts.

Class 5* — Vessels of which the tonnage length according to the above
measurement is above two hundred feet, and not exceeding two hundred
and fifty feet long, into fourteen equal parts*

Class 6. — Vessels of which the tonnage length according to the above
measurement is above two hundred and fifty feet long, into sixteen
equal parts*

Then, the hold being sufficiently cleared to admit of the required
depths and breadths being properly taken, find the transverse area of
such vessel at each point of division of the length as follows : —

Measure the depth at each point of division from a point at a distance
of one third of the round of the beam below such deck, or, in ease of a
break, below a line stretched in continuation thereof, to the upper side of
the floor-timber, at the inside of the limber-strake, after deducting the
average thickness of Jthe ceiling, which is between the bilge-planks and
limber-strake ; then, if the depth at the midship division of the length do
not exceed sixteen feet, divide each depth into four equal parts ; then
measure the inside horizontal breadth, at each of the three points of divis-

THIRTY-EIGHTH CONGRESS. Sbss.L Cb.88. 1864.

71

ion, and also at the upper and lower points of the depth, extending each
measurement to the average thickness of that part of the ceiling which is
between the points of measurement ; number these breadths from above, Transverse
(numbering the upper breadth one, and so on down to the lowest breadth ;) area-
multiply the second and fourth by four, and the third by two ; add these
products together, and to the T sum add the first breadth and the last, or
fifth ; multiply the quantity tiros obtained by one third of Hie common in-
terval between the breadths, and the product shall be deemed the trans-
verse area; but if the midship depth exceed sixteen feet, divide each
depth into six equal parts, instead of four, and measure, as before direct-
ed, the horizontal breadths at the five points of division, and also at the
upper and lower points of the depth ; number them from above as before ;
multiply the second, fourth, and sixth, by four, and the third and fifth by
two ; add these products together, and to the sum add the first breadth and
the last, or seventh ; multiply the quantities thus obtained by one third of
the common interval between the breadths, and the product shall be
deemed the transverse area.

Having thus ascertained the transverse area at each point of division Register ton-
of the length of the vessel, as required above, proceed to ascertain the ^^ d . a80er-
register tonnage of the vessel in the following manner: —

Number the areas successively one, two, three, &c., number one being
at the extreme limit of the length at the bow, and the last number at the
extreme limit of the length at the stern $ then whether the length be
divided according to table, into six or sixteen parts, as in classes one and
six, or any intermediate number, as in classes two, three, four, and five,
multiply the, second, and every even-numbered area, by four, and the
third and every odd-numbered area (except the first and last) by two ;
add these products together, and to the sum add the first and last, if they
yield anything ; multiply the quantities thus obtained by one third of the
common interval between the areas, and the product will be the cubical
contents of the space under the tonnage-deck ; divide this product by one
hundred, and the quotient, being the tonnage under the tonnage-deck,
shall be deemed to be the register tonnage of the vessel, subject to the
additions hereinafter mentioned*

If there be a break, a poop, or any other permanent closed-m space on i!]?*?*** 8 **
the upper decks, on the spar-deck, available for cargo, or stores, or for JLuj^OTspi^
the berthing or accommodation of passengers or crew, the tonnage of such deck;
space shall be ascertained as follows : —

Measure the .internal mean length of such space* in feet, and divide it
into an even number of equal parts of which the distance asunder shall
be most nearly equal to those into which the length of the tonnage-deck
has been divided ; measure at the middle of its height the inside breadths,
namely, one at each end and at each of the points of division, numbering
them successively one, two, three, &a; then to the sum of the end
breadths add four times the sum of the even-numbered breadths and
twice the sum of the odd-numbered breadths, except the first and last, and
multiply the whole sum by one third of the common interval between the
breadths ; the product will give the mean horizontal area of such apace ;
then measure the mean height between the planks of the decks, and multi-
ply by it the mean horizontal area; divide" the* .product by one hundred,
and the quotient shall be deemed to be the tonnage of such space, and
shall be added to the tonnage under the tonnage-decks, ascertained as
aforesaid.

If a vessel has a third deck, or spar-deck, the tonnage of the space j£jPJ*ff* to
between it and the tonnage-deck »shaU be ascertained as follows : — a

Measure in feet the inside length of the space, at the middle of its
height, from the plank at the side of the stem, to the plank on the timbers
at the stern, and divide the length into the same number of equal parts
into which the length of the tonnage-deck is divided ; measure (also at

72

THKTY^EIGHTH CONGRESS. Sess.L Ch. 83,84. 1864.

the middle of its height) the inside breadth of the space at each of the
points of division, also the breadth of the stem and the breadth at the

Register ton- stern ; number them successively one, t\yo, three, and so forth, commenc-
aa ff e * ing at Hie stem; multiply the second, and* all .other even-numbered

breadths by four, and the third, and all the other odd-numbered breadths
(except the first and last) by two ; to the sum of these products add the first
and last breadths, multiply the whole sum by one third of the common
interval between the breadths, and the result will give, in superficial feet,
the mean horizontal area of such space ; measure the mean height be*
tween the plank of the two decks, and multiply by it the mean horizontal
area/ and the* product will be the cubical contents of the space ; divide
this product by one hundred, and the quotient shall be deemed to be the
tonnage of such space, and shall be added to the other tonnage of the
vessel, ascertained as aforesaid. And if the vessel has more than three
deek$ the tonnage of each space between decks, above the tonnage-deck,
shall : bc severally ascertained in the manner above described, and shall
be added to the tonnage of the vessel, ascertained as aforesaid.

Tonnage of * n ascertaining the tonnage of open vessels the upper edge of the upper
open vessels. strake is to form the boundary line of measurement, and the depth shall

be taken from an athwartship line, extending from upper edge of said
strake at each division of the length.

Register to ex- ^ ne register of the vessel shall express the number of decks, the ton-

Sress number of nage under the tonnage-deck, that of the between-deeka, above the ton-
ecks, tonnage, nage-deck ; also that of the poop or other enclosed spaces above the
°* deck, each separately. In every registered United States ship or vessel

T a*e to do tne number denoting the total registered tonnage shall be deeply carved
marked^on main or otherwise permanently marked on her main beam, and shall be so con-
beam, tinued ; and if it at any time cease to be so continued such vessel shall

no longer be recognized as a registered United States, vessel
Charges for Sec. 4. And be it further enacted, That the charge for the measure-
meastirement, ment of tonnage and certifying the same shall not exceed the sum of one
Sw same?**^* 1 ^ dollar and fifty cents for each transverse section under the tonnage-deck;

and the sum of three dollars for measuring each between-decks above the
tonnage-deck ; and the sum of one dollar and fifty cents for each poop, or
closed-in space available for cargo or stores, or for the berthing or ac-
commodation of passengers, or officers and crew above the upper or spar-
deck.

Provisi ns of ® B0# ^ & further enacted. That the provisions of this act shall

this act not to not be deemed to apply to any vessel not required by law to be registered,
apply to certain or enrolled, or licensed, and all acts and parts of acts inconsistent with
ves8els - the provisions of this are hereby-repealed.

Approved, May 6, 1864.

M __ 13 Chap* LXjlXiV. — An Act fir a Grant of Lands to the State of Iowa, & alternate

Sections, to aid ih the Construction of a Railroad in said State.

Be it enacted hy the Senate and House of Representatives of ike United
Land granted States of America in Congress assembled, That there be, and is hereby,
Sad ftSm st ^ rante ^ t0 t 06 8tete of Iowa, for the purpose of aiding inrthe construction
^.tosouth^ of a railroad from Sioux City, in said state, -to the south line of the state
line of state ; .of Minnesota, at such point as the said state of Iowa may select between

the Big Sioux and the west fork of the Des .Moines river; also to said
for fiie McGre- 8tat § *° r the use and benefit of the McGregor .Western ^Railroad Com-
gor Western rail- pany, for the purpose of aiding in the construction of a railroad from a
rod* point at or near the foot of Main Street, South McGregor, in said state, in

a westerly direction, by the most practicable route, on or near the forty-
third parallel of north latitude, until it shall, intersect the said road run-
ning from Sioux City to the Minnesota state line, in the county of
O'Brien, in said state, every alternate section of tend designated by odd

THIBTY-EIGHTH CONGRESS. Sess. T. Ca. 64 1864

78

numbers for ten sections in width on each side of said roads ; but, in case
it shall appear that the United 'States have, when the lines or routes of
said roads are definitely located, sold any section or any part thereof # STJSf*
granted as aforesaid, or that the right of preemption or homestead settle- §J££ ^
ment has attached to the same, or that the same has been reserved by the &c, other lands
United States for any purpose whatever, then it shall be the duty of the ^^^^^
Secretary of the Interior to cause to be selected, for the purposes afore-
said, from the public lands of the United States nearest to the tiers of sec-
tions above specified, so much land in alternate sections, or parts of sections,
designated by odd numbers, as shall be equal to such lands as the United
States have sold, reserved, or otherwise appropriated, or to which the
right of homestead settlement or preemption has attached, as aforesaid,
which lands thus indicated by odd numbers and sections, by the direction
of the Secretary of the Interior, shall be held by the state of Iowa for .the
uses and purposes aforesaid : Provided, That the lands so selected shall in Limit of bea-
no case be located more than twenty miles from the lines of said roads : ti° n *
Provided, further, That any and all lands heretofore reserved to the Lands formerly
United States by any act of congress, or in any other manner by competent ^^t»^&c*»ex-
authority, for the purpose of aiding in any object of internal improvement ^ |> ut J"^ of
or other purpose whatever,* be, and the same are hereby, reserved and way may be bad.
excepted from the operation of this act, except so far as it may be found
necessary to locate the routes of said roads through such reserved lands,
in which case the right of way shall be granted, subject to the approval
of the President of the United States.

Sec* 2* And be it fwrther enacted, That the sections and parts of IQufnrom price
sections of land which by such grant shall remain to the tfnited States <*jkjJJ^ not
within ten miles on each side of said roads shall not be sold for less than 6 ** Iktea *
double the minimum price of public lands when sold; nor shall any of said

lands become subject to sale aH>rivate entry until the same shall have been « ^J* 11 subject
77 & i ; Vr _i 7 V rv "iVij * u r^ul • • to sale at pnvate
first offered at public sale to the highest bidder at or above the minimum entry.

price as aforesaid : Provided, That actual bona fide settlers under the Proviso,
preemption laws of the United States may, after due proof of settlement, Actual preemp*
improvement, and occupation, as now provided by law, purchase the same JjJoVS^the d
at the increased minimum price : And provided, also, That settlers under homestead law*
the provisions of the homestead law, who comply with the terms and
requirements of said act, shall be entitled to patents for an amount not
exceeding eighty acres each, anything in this act to the contrary notwith-
standing*

Sbo. 3. And be U father enacted, That the lands hereby granted i*nd8, how to
shall be subject to the disposal of the legislature of Iowa, for the purposes oe disposed of
aforesaid and no other. And the said railroads shall be, and remain, JJjjLJjJ e 72&
public highways for the use of the government of the United States, free foods to be*
of all toll or other charges upon the transportation of any properly or public highways,
troops of the United States.

Sec. 4* And be it farther enacted, That the lands hereby granted shall Lands, how to
be disposed of by said state, for the purposes aforesaid only, and in man- °* di«nosed o&
ner following, namely : When the governor of said state shall certify to
the Secretary of the Interior that any section of ten consecutive miles of
either of said roads is completed in a good, substantia], and workmanlike
manner as a first-class railroad, then the Secretary of the Interior shall
issue to the state, patents for one hundred sections of land for the benefit
of the road having completed the ten consecutive miles as aforesaid. When
the governor of said state shall certify that another section of ten consecu-
live miles shall have been completed as aforesaid, then the Secretary of
tiie Interior shall issue patents to said state in like manner, for a like ^f^^ 806
number ; and when certificates of the completion of additional sections of sections of land
ten consecutive miles of either of said roads are, from time to 'time, made upon completion
as aforesaid, additional sections of lands shall be patented as aforesaid, $£££1^
until said roads, or either of them, are completed, when the whole of the road.

vol. zm. Pub. — 7

T4

THIRTY-EIGHTH CONGRESS. «*sss. L Oh. 64, 85. m

lands hereby granted shall he patented to the state for the uses aforesaid
^"gf and none other: Provided, That if the said McGregor Western Railroad
mad tocomplete Company, Or assigns, shall fail to complete at least twenty miles of its
twenty miles of said road during each and every year from the date of its acceptance -of
its road annually* t jj 6 gmnt provided for in this act, then the state may resume said grant,

and so dispose of the same as to secure the completion of a road on
said line and upon such terms, within such time as the state shall deter-
mine : Provided, fh&iher, That if the said roads are not completed within
ten years from their several acceptance of this grant, the said lands
Lands to revert hereby granted and not patented shall revert to the state of Iowa for die
iowUare com- P 01 !* 036 0I * sccnruljr tiie completion of the said roads within such time, not
pieted within ten to exceed five years, and upon such terms as the state shall determine:
years, &c* And provided, further, That said lands shall not in any manner be dis-
Not to be en- posed of or encumbered, except as the same are patented under the pro-
^pL&c** *** visions of this' act 5 and should the state foil to complete said roads, within

five years after the tela years aforesaid, then the said lands undisposed of 1
as aforesaid shall revert to the United States.
Secretary of Sec. 5. And be it fwttker enacted, That ad soon as the governor of said

d W ^2^a^^ 8tate °^ * owa dna ^ or 08086 *° ffled witn *® Secretary of the Inte-
wtiea, &c7 rior ma P s designating the routes of said roads, then it shall be the duty

of the Secretary of the Interior to withdraw from market the lands
embraced within the provisions of this act.
Uafb to be Sec. 6. And be it fat&ier enacted, That the United States mail shall
transported. be transported on said roads and branch, under the direction of the post-
terB^^ office department, at such price as cdngress may by law provide: Pro*

tided, That until such price is fixed by law the Postmaster-General shall
have power to fix the rate of compensation.
Grant to Mm- Sec. 7. And be it further enacted, That there be, and is hereby,
SSfcSfcKtf to grtMted to the state of Minnesota for the purpose of aiding in the con-
southern line of struction of a railroad from St t*aul and St Anthony, via Minneapolis,
state, to a convenient point of junction west of the Mississippi, to the southern

boundary of the state, in die direction of the mouth of the Big Siouts
river, four additional alternate sections of land per mile, to be selected
Conditions of upon the same conditions, restrictions, and limitations as are contained in
grant the act of Congress entitled " An act making a grant of Hind to the terri-

1867, cb. 99. tory of Minnesota, in alternate sections, to aid in the •construction of ,eer-
Vol/xi. p. 195. tain 'railroads in said territory, and granting public lands, in alternate dec*
Lands may be tions, to the state of Alabama, to aid in the construction of a certain
setoted,<whete. railroad in said state/' approved March third, eighteen -hundred and

fifty-seven: Provided, That the land to be so located by virtue of this
section may he Selected within twenty miles of 'the Kae<of said road, hot
in no case at a greater distance therefrom*
ApfrfcoYto, May 12, 1864.

Kay 1% 1864 Chap. XXX&V. — An Act concerning the Disposition of Convicts in'the Courts of ike

United States: for the Subsisting of Persons confined in Jails tkarged with violata^^ie

Lam of the' Untied States, and for dimfaishibg the Expenses in Relation thereto.

Be it enacted by the Senate and Mouse of Representatives of &e
Oonrtete in United States of America in Congress assembled, That all persons who
Understates, have been, or who may hereafter be, convicted of crime by any court of
how to be die- the United States— not military — the* punishment whereof shall be im-
{H>sed ** prisonmen t, in* a district or territory where, at the time or such conviction,

there may be bo penitentiary or other prison suitable for the confinement
of convicts of the United States, and available therefor, shall be confined
during the term for which they have been or may be sentenced, in some
suitable prison in a convenient state or territory to be designated by the
Secretary of the Interior, and shall be transported and delivered to the
-warden or keener of the prison by the marshal of the district or territory

TCKSITY-EIGPTH C0NQBES& Shw.L Ch. 85, 86, 1864. 7$

where such conviction shall have occurred; or if such. conviction be had

in the District of Colombia, then and in such,* case the transportation and -'jj 8 1 2? rfct

delivery shall be by the warden of the jail of said district; the reasonable 11011

agtqal expense of transportation, necessary subsistence and hire, and

transportation of guards and the marshal, or the warden of the jail in the

District of Columbia, only, to be paid by the Secretary of the Interior,

out of the judiciary fund : Provided, That if, in the opinion of the Secre- Proviso.

tary, the expense of transportation from any state, territory, or the District

of Columbia, in which there is no penitentiary, will exceed the cost of

maintaining them in jail in the state, territory, or the District of Columbia

during the period of their sentence, then it shall be lawful so to confine

them therein for the period designated in their sentence. secretary of

Sro. 2. And be U further enacted, That it shall be the duty of the fateriortocon-
Secretary of the Interior to contract with the managers or proper author- tract with state
ities having the control of such prison or prisoners, for, the imprisonment, ^gS^l em-
subsistence, and proper employment »of all such prisoners, and to give the pioyment, &c M
court having jurisdiction of such offences, in said district, notice of the ^I^^S * 1 ^
prison where such persons will be confined if convicted,, t he court!

Sec. 3. And be it further enacted. That hereafter there shall be allowed Actual reason-
and paid by the Secretary of the Interior, for the subsistence of prisoners *£ le c °StofiS£*
in the custody of any marshal of the United States and the warden of the ^ be pwdL
jail in the District of Columbia, such sum only as it shall reasonably and
actually cost to subsist them* And it shall be the duty of the Secretary
of the interior to prescribe such rules and regulations for the government Boles, &&,
of the marshals and the wardenof the jail in the District of Columbia, in *•«•*•
relation to their duties under this act, as will enable him to determine the.
actual and reasonable expense incurred.

Seo. 4. And be it further enacted, That it shall be the, duty of the Execution la
warden of the jail in the District of Columbia, whenever any person con* capital cases,
fined in said jail shall be adjudged to suffer death, to carry such judgment
into execution ; bat nothing in this act nor " An act to authorize the Construction
appointment of a warden of the jail in the District of Columbia," approved JjjJ °*
February twenty-nine, eighteen hundred and sixty-four, shall be construed 186 ^ ^ 10>
to impair or interfere with the authority of the marshal of the said dis- Antt^ p. 12. i
trict to commit persons to said jail, or to p^roduce them in open court or
before any judicial officer when thereto required. And it shall be the
duty of the warden of said jail to receive such prisoners, and to deliver
them to said marshal or his duly-authorized deputy, on the written request
of either, for the purpose of taking them before any court or judicial
officer as aforesaid.

Sbc. 5. And be it further enacted. That the office of warden of the Office of war-
penitentiary iu the District of Columbia shall, fiftm and after the passage dw> of penften-
of this act, be suspended, and the salary and emoluments thereof cease, trkTo? Coinm-
during the time in which there shall be no penitentiary us$d in said bia suspended*
district.

Approved, May 12, 1864*

O&iF. LXXXVL — An A& relating to^pp^ments in the Naval Service and Courts- May 16, 1864.

Be it enacted by the Senate and Bouse of Bepreseniatives of the United
Sfafes of America in Congress assembled, That hereafter all appoint- Appointments
moots, in the volunteer naval service of the United States, above the rank S^al wrt<£To
of acting master, shall be submitted to the Senate for confirmation, in the be. sent to Senate
same way and manner as appointments 'in the regular navy are required for confirmation *
to be submitted*

Seo. 2* And be it further enacted. That naval court-martial shall have; Power of naval
power to sentence officers who shall absent themselves, from their com- courfwttarthL
tnands without leave, to be reduced to the rating of 'ordinary seamen. <

Approved, May 16, 1864

76 THIRTY-EIGHTH CONGRESS. Snss.L Ch. 87. 1864

Kay 17, 18S4. Chap* IiXXXVIL —An Actio establish a Posted Money-Order System.

1865, ch« 89, § ll. Be it enacted by the Senate and House of Representatives of the United
Pasti p. 606, States of America in Congress assembled. That to promote public con-
offices Stab?** venience, and to insure greater security in the transfer of money through
lished at desig- the United States mails, the Postmaster-General is hereby authorized to
nated post-offices* establish, under such rules and regulations as he may find expedient and

necessary, a uniform money-order system at all post-offices which he may
deem suitable therefor, and which shall be designated and known as
" Money-Order -Offices ; * and it shall be the duty of the deputy post-
master at every money-order office to issue, in such manner and form as
Orders for the Postmaster-General may prescribe, an order for a sum of money
£»uecL ™* payable by the deputy postmaster of any other money-order office which

the person applying therefor may select ; and the deputy postmaster who
issues such order shall be required to send through the mails, without
Notice to delay, to the deputy postmaster on whom it is drawn, due notice thereof,
4rawee * and he shall not deliver such order to* the applicant therefor until the lat-

Amount of ter shall first have deposited with him the amount of money for which
be Irstfcpoftfod. sucn on * er *$ drawn, together with the proper charge or fee therefor, as

hereinafter provided* And it shall not be lawful for any deputy post-
Pepatty. master to issue a money-order on any other deputy postmaster without
having previously received the money therefor; and any person who
shall violate this provision shall be deemed guilty of misdemeanor, and
on conviction thereof shall be fined in any sum not less than fifty nor
more than five hundred dollars.
Order to he Sec. 2. And he it further enacted, That a money-order shall not be
^redblaDJt^orm! va ^ or Wafoto unless it be drawn on- a printed or engraved form, which
' shall be furnished to the money-order offices by the Postmaster-General ;
and it shall be the duly of the latter to supply such offices also with the
blank forms of application for money-orders, one of which the deputy
Applications, postmaster shall hand to each applicant for a money-order, who shall be
required to enter, or cause to be entered, therein his own name and the
tobefiled and name and address of the party to whom the order is to be paid, together
preaerv with the amount thereof and the date of application* And all such ap-

plications, when filled up and delivered to the deputy postmaster, shall be
preserved on file at his office for such length of time as the Postmaster-
General may prescribe.
^«Hj»*tto Sec. 3* And be it further enacted, That no money-order shall be
^^l^or more is8Uea * fo r &ny sum less than one or more than thirty dollars ; and all per-
than. $90. sons who receive money-orders shall be required to pay therefor the fol-
Fees for orders, lowing charges or fees, viz : For an order for one dollar, or for any larger
sum, but not exceeding ten dollars, a fee of ten cents shall be charged
and exacted by the postmaster giving such order ; for an order of more
than ten and not exceeding twenty dollars, the charge shall be fifteen
cents ; and for every order exceeding twenty dollars a fee of twenty cents
L shall be charged* <
chimed! "if 7 ^ E0 * ^ %t further enacted* T$\$t if the purchaser of a money*
^anged, w en, on j erj fj^ju haying made an error in stating the name of the' office of pay-
ment, or the name of the payee, or for other reasons, be desirous that the
said money»order be modified or changed, it shall be the duty of the dep-
uty postmaster from whom be received it to take back, at his request,
thje first order, and issue another in lieu thereof, for which a new fee shall
. hi charged and exacted; and it shall also be the duty of a. deputy postmas-
remadT 11 * Whea *** r to ^2*7 *° e a 0101111 * of any money-order tp ttie person who obtained
< it, if the latter apply for such repayment and return the money-order;

but the charge or fee paid therefor shall not in any case be refunded*
Sec. 5* And be it further enacted, That if any money-order be not
Order to be presented to the deputy postmaster on whom it is drawn within ninety
K^ne^i^ after ite * ?hall not be valid or pavable ; but the Postmaster*

ninety days. General shall be, and he is hereby, authorized, on application of the

THIRTY-EIGHTH CONGRESS. Sbss. L Ch.87. 1864

77

payee of such money-order, to cause a new order in lieu thereof to be

issued in his favor, for which a second fee shall be exacted. And the

Postmaster-General is farther authorized, whenever a money-order shall

have been lost, to cause a duplicate thereof to be is$aed> for which a

second fee shall be paid on application of the remitter or of the payee of Duplicate ordei

such order, provided the party losing the original shall furnish a state- to Issue in case

ment, under oath or affirmation, setting forth the loss or destruction there-

of, and a certificate from the postmaster by whom it was payable that it Oath.

had not been paid, and that it would not thereafter be paid.

Sec. 6. And be U farther enacted, That the payee of a money-order
may* by his written endorsement thereon, direct it to be paid to any other Ordermav lw
person, and it shall be the duty of the deputy postmaster on whom it is person,
ordered to pay the amount thereof to the person thus designated, provided &c
the person to whom the money-order is endorsed shall furnish such proof
as the Postmaster-General may require that the written endorsement is
genuine, and that he is the person thereby empowered to receive pay-
ment of the order ; but such second person shall not be at liberty to en- Proof °L sex>
dorse the same order to a third party, and more than one endorsement ]}|^°^ n ?;
shall render any order invalid, and not payable, and the holder thereof,
in order to obtain the amount of the order shall be required to apply in
writing to the Postmaster-General for a new order in lieu thereof, for
which new order a second fee, shall be charged : Provided, however, That Proviso,
in all cases, under this section, the original order shall be returned, and
such proof shall be made of the genuineness of the endorsement thereon
as the Postmaster-General may require.

Sec. 7. And be it further enacted, That deputy postmasters, at money- .^omp^^ 011
order offices, may be allowed by the Postmaster-General, as a compensa- forcing ***
tion for the issuing and paying of money-orders, not exceeding one money-orders,
third of the whole amount of fees on money-orders issued, and, at the
option of the Postmaster-General, one eighth of one per centum on the
gross amount of orders paid at their offices : Provided, That all emoluments Proviso,
arising from such rates of compensation shall be subject to the provisions of eM
the forty-first section of the act of third of If arch, eighteen hundred and 41. ' '
twenty-five, entitled tt An act to reduce into one the several acts estab- Vol. iv. p. 113.
lishing the Post-Office Department."

Sec. 8. And be it farther enacted, That it shall be the duty of the Postmasteraio
Postmaster General to require all postmasters who may be authorized to ^ ve aew
issue and pay money-orders, to execute new official bonds conditioned for
the faithful performance of all dudes and obligations imposed by this act,
in addition to those required of them by existing laws as postmasters ;
and it shall be the duty of the Postmaster-General to direct all payments
or transfers to or from money-order offices. He may direct transfers °^ ^^K!^ 8 804
money-order funds from one postmaster to another, and he may require traB8ftr8 *
and direct transfers or payments to be made from the funds received for
money-orders to creditors of the Post-Office Department, to be replaced
by equivalent transfers from the funds of said department arising from
postages; and he may require and direct transfers of payments to be
made from the funds of the Post-Office Department in the hands of any
postmaster arising from postages to the money-order offices. And it shall Po8 *?^S^.
be the further duty of the Postmaster- General to require each postmaster j^ ^ p£ y .
to render to the auditor of the treasury for the Post-Office Department moots,
weekly, semi-weekly, or daily accounts of all money-orders issued and paid,
and of all fees received for issuing them, of all transfers, or payments
made from funds received for money-orders, and of all moneys received
to be applied to the payment of money-orders, or on account of money-
order offices*

Sec. 9. And be it farther enacted, That out of the moneys paid into the p J r *^? 10
treasury for the service of the Post-Office Department the Postmaster- orders.
General shall have power to transfer to die deputy postmaster of any

7*

78

THIBTY-ElGHTEf CONGRESS* Sess. L Ch.87. 1864

money-order office sach sum as may be required, over and above die cmv
rent revenue thereof to pay money-orders dra^n on the latter ; and such
transfers shall be made by warrant on the treasury by die Postmaster-
General, and countersigned and registered by the auditor of the treasury
for the Post-Gffiee Department
Auditor to Seo. 10. And be it farther* enacted. That it shall be the duty of the
accounts sTm*. aoditor °* tne treasury for the Post-Office Department to receive all ao-
masters. counts arising in the money-order offices, or relative thereto, and to audit

and settle the same, and to certify their balances to the Postmaster-Gen*
oral as often as he may require; ' He shall keep and preserve all accounts
arising in said offices, and shall report to the Postmaster-General aU de-
linquencies of postmasters in rendering their money-order accounts, or in
A-coomots of paying over money-order funds* He shall keep the accounts of the
offic^totekept money-order offices separately from the accounts for postages, and in such
separate, manner as to show the number and amount of money-orders issued by

each postmaster, and the number and amount of money-orders paid, the
amount of fees received, and all the expenses of the establishment* And
Bra to the & 8 hall be the further duty of the auditor to superintend the collection of
tecXctedT 611 debts due to the United States, or to the Post-Office Department, by

present or late postmasters, or other persons who are, or may have been,
employed in the money-order offices. He shall direct suits and legal pro*
ceedings, and take all such measures 'as may be authorized by law to en-
force the payment of such debts, or for the recovery of any penalties
arising under the provisions of this act.
Moneys re- Sso. 11. And he it further enacted, That all moneys received for the
deet^money* 8a ^ e °^ money-orders, including all fees received for selling the same, all
of the United moneys transferred from the funds of the Post-Qffice Department to the
Bute*. money-order offices, all funds transferred or paid from the money-order

offices to die use and service of the Post-Office Department, and all trans*
fers of funds from one postmaster to another for the use of the money*
order offices, shall be deemed and taken to be the moneys in the treasury
of the United States. And if any postmaster, assistant, clerk, or other
person employed in or connected with the business or operations of the
What shan be money-order offices, shall convert to his own use, in any way whatever,
<J £f me< tth kbeZ f or sm "* 1186 °7 wa 7 °f investment in any kind of property or merchan-
pj^tv therefor. cuse> or shall loan, with or without interest, or shall deposit in any bank,

or shall exchange for other funds, any portion of such moneys, every such
act shall be deemed and adjudged to be an embezzlement of so much of
said moneys as shall be thus taken, converted, used, loaned, deposited, or
exchanged* which is hereby declared to be a felony; and any failure to
pay over or to produce the moneys intrusted to such person for the use
Evidence of of the money-order offices shall be held and taken to be prima facie evi-
dence of such embezzlement. And any postmaster, assistant, clerk, or
other person employed in or connected with the business of the money-
order offices, and all other persons advising or participating in such act, on
being convicted thereof before any court of the United States of competent
jurisdiction, shall be sentenced to imprisonment for a term of not less than
six months nor more than ten years, and to a fine equal to the amount of
^?toblev£~ * De money embezzled. And upon the trial of any indictment against any
Seaoe of receipt person for embezzling public money under the provisions of this act, it
of money. shall be prima facie evidence for the purpose of showing a balance

against such person to produce a transcript from the money-order account
books of the auditor of the treasury for the Post-Office Department $ and
such transcript, when certified by said auditor under his seal of office,
shall be admitted as evidence in the courts of the United Stales,
forffto!?^ Sbo. 12. And be it farther enacted, That if any person shall misery
money^to. make, forge, counterfeit, engrave, or print, or cause or procure to be

falsely made, forged, counterfeited, engraved, or printed, or willingly aid,
or assist in falsely making, forging, counterfeiting^ engraving, or printing

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 89. 1864

79

any order in imitation of or purporting to be a money-order issued by one ,^^y for
postmaster upon another postmaster ; or shall falsely alter, or cause or
procure to be altered, or willingly aid, or assist in falsely altering, any for knowingly
money-order issued as aforesaid ; or shall pass, utter, or publish, or at- uttering*
tempt to pass, utter, or publish, as true, any false, forged, or counterfeited
order, purporting to be a money-order as aforesaid, knowing the same to
be falsely forged or counterfeited ; or shall pass, utter, or publish, or at-
tempt to pass, utter, or publish, as true, any felsely altered money-order,
issued as aforesaid, knowing the same to be felsely altered, with an intent
to defraud, every such person shall be deemed and adjudged guilty of
felony, and being thereof convicted, shall be sentenced to be imprisoned
and kept at hard labor for a period of not less than three years, nor more
than ten years, and be fined in a sum not exceeding five thousand dollars*

Sec. 13. And be it farther enacted, That for the purpose of carrying Superintend*
on the business of the money-order offices, and keeping and settling their ent ofmoney-
accounts, the Postmaster-Greneral may appoint, in his department, one S^^^Se*"*
superintendent of the money-order system, at an annual salary of twenty- appointed;
five hundred dollars, and three clerks, to wit: one of class four and two - .
of class three. And the Secretary of the Treasury may, from time to
time, appoint in the office of the auditor of the treasury for the post-
office department, the necessary clerks, in all not to exceed six, to* wit: .womiation.
one of class four and five of class two. And to provide for the compensa- ^ ^
tion of the said superintendent and clerks for the fiscal year ending June
thirtieth, eighteen hundred and sixty-five, the sum of seventeen thousand
dollars, or so much thereof as may be necessary, is hereby appropriated,
out of any money in the treasury not otherwise appropriated* And the
Postmaster-General is -further authorized to cause such additional clerks AMtfoma
to be employed in the money-order offices as he may find necessary for olexks*
conducting the operations of the money-order system, whose compensa-
tion shall be paid out of the proceeds of the money-order business : Pro- Appropriation.
vided, however, That to meet any deficiency that may arise in the amount
of such proceeds during the first year, the sum of one hundred thousand
dollars, or so much thereof as may be necessary, is hereby appropriated,
out of any money in the treasury not otherwise appropriated*

Atfrovsd, May 17, 1864*

Chap. T*XXX\X.— An Act toappote certain Officers of tke Navy. May 17, 1864.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That, for and during the Acting Heuten-
present insurrection, the President, by and with the advice and -consent SS^mdS
of the Senate, is hereby authorized to appoint acting' lieutenant com- may^ea^
manders and acting commanders, who shall have the* same rate of com- pointed; —pay.
pensation as is allowed to officers of ^similar grade in the navy.

Sec. 2. And be it further enacted, That the proviso in section ten, Proviso in 4 10
chapter one hundred and eighty-three, of an act to establish and equalize ^62 ^perted.
the grade of line officers of the United States navy, approved July six- Vol. xiip.584
teentb, eighteen hundred and sixty-two, be, and the same is hereby, re- * Substitute
pealed, and that said section shall read as follows : — therefor.

Sec. 3. And be it further enacted, That any person who shall have Acting volnn-
received, or shall hereafter receive, a temporary appointment as acting teer lieutenants
volunteer lieutenant or actf ng master in the navy, from civil life, author- S oonoSd!S5
ized by act of congress of July twenty-fourth, eighteen hundred and put in line of pro*
sixty-one, may be confirmed in said appointment in the navy and placed motioili
in the line of promotion, from the date of said confirmation, if, upon the
recommendation of the President, he receives the thanks of congress for seamen may
highly meritorious conduct in conflict with the enemy* Seamen dis- be promoted and
tinguishing themselves in battle, or by extraordinary heroism in the line ^^SS^^
of their profession, may be promoted to forward warrant officers or acting honor.

THIRTY-EIGHTS CK)N<3BES& Sbss.1. Ch. 92, 93* 1064

masters* mates, as they may be best qualified, upon the. recommendation
of their commanding officer, approved by the flag-officer and the depart*
merit Upon such promotion, they shall receive a gratuity of one hun*
dred dollars, and a medal of honor tp be prepared by the navy depart*
men&

Approved, May 17, l£fi&,

May 20, 1864 Chap. XOI3E. — An Act to organize a Regiment of Veteran Volunteer Engineers.

-

Be it enacted by the Senate and Mouse of Representatives of the United
Regiment of States of America in Oongress assembled, That the Secretary of War be,
tetfM^eeKT ^ ne * 8 hereby, authorized to enlist, oat of any volunteer forces in the
may beentisted army of the Cumberland, that have served* or are now serving* as pio-
ana organized* neers, pootoniers, or engineers, to serve wherever required for three
1895, ch. 79, years, or during the war, to consist of ten companies, and to have the
' Put, p. 488. same organization, pay, and emoluments as are allowed to engineer
i8fti.cn. ' soldiers under the provisions of the fourth section of an act entitled " An
^ ^wn, en. 43, act providing f or the better organization of the military establishment,' 9
VoLxUp. 287, approved August third, eighteen hundred and sixty-one*
Officers, ap~ Sso, & And he it jurther enacted, That the officers of the engineers
poM™ eilt > <*™\ authorized to be raised under the provisions of the foregoing section shall
ailowanc^' he appointed and commissioned by the President of the United States, on

the recommendation of the commander of the army of the Cumberland,
and shall receive the same pay and allowances as engineer officers of
similar grade in the regular army*
Approved, May 20, 1864

Bepai
vessels*

May 31, 1864. Chap. XCIII. — An Act nUdang Appropriations Jbr ike-Naval Service for the Year end-
-— — ixg jxtfiQ thirtieth, eighteen hundred and stxfyfive, and for other 'Purposes,

Be it enacted by the Senate and House of Representatives of the United
Navy appro* States of America in Congress assembled, That the following sums be,
prlatioa. and they are hereby, appropriated, to be paid out of any money in the

treasury not otherwise appropriated, for the year ending the thirtieth of
June, eighteen hundred and sixty-five :—
Pay. For pay of commission, warrant, and petty officers and seamen, includ-

ing the engineer corps of the navy, nineteen millions four hundred and
twenty-three thousand two hundred and forty-one dollars*
Ur,&c of For repair and maintenance of vessels of the navy, labor, materials,
* and stores, eleven millions five hundred thousand dollars*

Completion of For the completion of sixteen last steam screw sloops-of-war, seven
ate*" *ciw millions two hundred thousand dollars*

Vessels for For the purchase, construction, and repairs of vessels, materials, and
western waters; labor, lor the western waters* four millions of dollars.

for naval and For the purchase and charter of vessels for naval and blockading pur-
blockading pur- poses, three millions of dollars*

poM8a For extra labor, expense of repairs, and so forth, on foreign stations,

six hundred thousand dollars.
Bounty. For payment of the three months' bounty to seamen and ordinary sea*

men under the joint resolution of February. twenty-fourth, eighteen hun-
dred and sixty-four, five hundred thousand dollars.
Armored plated for the completion of armored plated vessels, three million six hundred
vessel8 - thousand dollars*

Hemp and fuel. For the purchase of hemp and other materials for the navy, seven
hundred thousand dollars*

For fuel for the navy, and for the transportation and expenses thereof,
three millions eight hundred and forty thousand dollars*
For the equipment of vessels in the navy, viz : —
Equipment. For the purchase of various articles of equipment, viz : canvas, leathei,

THIRTY-EIGHTH CONGRESS. Sess. I Cbc 93. 1864

cables and anchors, and furniture, and stores in the masters'* boatswains*
and sailmakers' departments, three million dollars.

For provisions for commission, warrant, and petty officers and seamen, Provisions.
Including engineers and marines attached to vessels for sea service, six
million four hundred and fifteen thousand six hundred and five dollars.

For the construction, repair, wear and tear of machinery of vessels Machinery,
in commission, twenty-eight million three hundred and twelve thousand
dollars.

For surgeons' necessaries and appliances for the sick and hurt of the Surgeons* ne-
navy, including the coast-survey and engineer and marine corps, two oeS8ar ^ 8 »
hundred and ten thousand dollars.

For ordnance and ordnance stores, including labor and incidental ex- Ordnance and
penses, eight million three hundred thousand dollars. stores.

For navigation apparatus and supplies, and for purposes incidental to Navigation ap-
navigation, one hundred and twenty-six thousand dollars. paratua.

For contingent expenses of the navy, two hundred and fifty thousand Contingancfes.
dollars.

For the purchase of nautical and astronomical mstramente, books, .^"J^^-i
maps, and charts ; and for the repairs of instruments, and binding and books, charts, &c
backing books and charts, one hundred and one thousand and forty-two
dollars*

For clothing for the navy, five hundred thousand dollars. Clothing.

Bureau of Yards and Docks. — For contingent expenses that may Bureau of
accrue for the following purposes* viz : For freight and transportation ; yards and dock8 »
for printing* -advertising, and stationery; for books, maps, models, and
drawings; for the purchase and repair of fire-engines; for machinery of
every description, and patent-right to use the same ; for repairs of steam-
engines and attendance; for purchase and maintenance of oxen and
horses and driving teams; for carts, timber-wheels, and workmen's tools
of every description for navy yard purposes ; for telegrams, postage of
letters on public service ; for furniture for government offices and houses
in the navy yards ; for coals and other fuel ; for candles, oil, and gas ; for
cleaning and clearing up yards ; for flags, awning, and packing-boxes ; for
pay of watchmen; for incidental labor at navy yards not applicable to any
other appropriation ; for rent of landing at Portsmouth, New Hampshire ;
for tolls and ferriages ; for water tax ; and for rent of stores and rendez-
vous, one million three hundred and seventy thousand dollars.

Bureau of Equipment mid Recruiting. — For contingent expenses that of equipment
may accrue for the following purposes, viz : expenses of recruiting ; trav- ^ recruiting,
elling expenses of officers ; transportation of men and materials ; printing
and stationery ; advertising in newspapers ; postage on public, letters ;
wharfage and demurrage; funeral expenses; apprehending deserters;
pilotage and towage of vessels, and assistance to vessels in distress ; and
for bills of health and quarantine expenses of vessels in the navy, one
million two hundred and fifty thousand dollars.

Bureau of Navigation* — For contingent expenses of the bureau of of navigation*
navigation, viz :

For freight and transportation of navigation materials, instruments,
books, and stores; for postage on letters; for telegraphing on public
business ; for advertising for proposals ; for packing-boxes and materials ;
for blank-books, forms, and stationery at navigation offices; for maps,
chartSy drawings, and models; and for incidental expenses not applicable
to any other appropriation, one thousand five hundred dollars.

Bureau of Construction and Repair. — For contingent and incidental «f construction
expenses, viz : T *V air '

For blank-books, binding, stationery, and miscellaneous items* one
thousand dollars.

For postage, drawings, and transportation of materials, seventy-five
thousand dollars.

THIRTY-EIGHTH CGNG&ESS. Sess. I. Ci*. 93. 1864.

Bureau of
provisions and
clothing,

of medicine
and surgery,

of steam en-

Marine corps*

Navy yards.
Portsmouth*

Bureau of Provisions ami GtotMng. — For contingent expenses, vis:
For candles, freight to foreign stations, transportation from station to

station within the United States, cooperage, pay of assistants to inspectors,

advertising for proposals, printing paymasters' blanks, and stationery for

cruising, vessels, five hundred thousand dollars.

Bureau of Medicine and Surgery. — For contingent expenses of the

bnreau of medicine and surgery, sixty thousand dollars.
Bureau of Steam Engineering. — For contingent expenses, viz :
For transportation of materials, printing, stationery, advertising, books,

drawings, models, postages, and incidental expenses, twenty-five thousand

dollars.

Marine Corps. — For pay of officers, non-commissioned officers, musi-
cians, privates, clerks, messengers, steward and nurse and servants; for
rations and clothing for officers' servants ; additional rations to officers, for
five years' service ; for undrawn clothing, and additional pay to musicians
of the band, seven hundred and ninety-one thousand seven hundred and
eighty-five dollars and eighty cents.

For provisions, one hundred and thirty-five thousand nine hundred and
twenty-six dollars.

For clothing, two hundred and twenty-three thousand three bundled
and ninety-eight dollars*

For fuel, thirty-one thousand four hundred and thirty dollars and
seventy-five cents.

For military scores, viz: Pay of mechanics, repairs of arms, porchase
of accoutrements, ordnance stores, flags, drums,' fifes, and other instru-
ments, fifteen thousand dollars*

For transportation of officers, their servants, troops, and expenses of
recruiting, twenty-two thousand dollars.

For repairs of barracks, and rent of offices where there are no public
buildings, eight thousand dollars.

For contingencies, viz: freight; ferriage; toll; cartage; wharfage ;
purchase and repair of boats ; compensation to judge-advocates ; per diem
for attending courts-martial, courts of inquiry, and for constant labor;
house rent in lieu of quarters ; burial of deceased marines ; printing, star
tionery, postage, telegraphing ; apprehension of deserters; oil, candles,
gas; repairs of gas and water fixtures ; water rent, forage, straw, barrack
furniture; furniture for officers 9 quarters in the barracks; bed sacks,
wrapping-paper, oil-cloth, crash, rope, twine, spades, shovels, axes, picks,
carpenters' tools ; keep of a horse for the messenger ; pay of matron, washer*
woman, and porter at the hospital head-quarters ; repairs to fire-engine ;
purchase and repair of engine hose; purchase of lumber for benches,
mess-tables, and bunks ; repairs to public carryall ; purchase and repair of
harness ; purchase and repair of handcarts and wheelbarrows ; scavenger-
ing ; purchase and repair of galleys, cooking-stoves, ranges ; stoves where
there are no grates ; gravel ftp parade grounds ; repair of pumps ; furni-
ture for staff and commanding officers' offices ; brushes, brooms, backets,
paving, and for other purposes, forty-five thousand dollars.

For widening and improving the marine barracks, and officers' quarters
at the navy yard, Portsmouth, New Hampshire, twenty-two thousand
dollars*

F6r bumimg marine, barracks, at navy yard, Mare Island, Califorajia,
thirty-nine thousand fifty-eight, dollars and forty-four cents. .

NAVY YARDS.

Portsmouth, Sew Hampshire. — For' plumbers, coppersmiths, and tin-
shops, quay-walls, mooring-piers, iron store* extension of ship-thonse,
machinery and tools, repairs on floating dock, barracks and guard-house*
on Sfeavey's Island, and- Gpr repairs of all kinds, one hundred and fifty-one
thousand nine hundred and thirty-five dollars.

THtftTY-EI GHTH CONGBESS. SeBs. L Co. 93. 1864

83

Na?y Yards.
Boston*

New York.

Boston* — For additional amount for joiners' shop, additional amount
for coal-house, extension of shear wharf, railroad tracks, and repairs of all
kinds, one hundred and eighty-four thousand five hundred dollars.

New York* — For dredging channels; quay-wall at saw-mills; new
foundery ; improvements on cob dock ; improvements to dry dock ; machine-
shop extension ; improvements of dry dock ; quay-wall at new derrick ;
iron-plating shop ; receiving store; iron fence in front of officers* houses;
repairs of all kinds; machinery for iron-clad building; machinery for
pattern, boiler, and machine-shop; machinery for new foundery; ma-
chinery for machine-shop extension ; machinery for smithery, joiner, and
oakum shops ; one six-ton, one four-ton, and one two^ton hammer, six hun-
dred and sixty-nine thousand three hundred and fifteen dollars*

Philadelphia. — For repairs of dry dock, pitch-house, dredging ; repairs Philadelphia,
of damage to store by fire, and for repairs of all kinds — and for the pur-
chase of two lots adjoining navy yard, Philadelphia, extending from Front
Street to the commissioners' line in the Delaware river, at a price not
exceeding ninety thousand dollars — two hundred and fourteen thousand
nine hundred and forty-five dollars*

Washington, District of Columbia* — For extension of copper rolling-
mill; machinery and tools; storehouse for provisions and clothing;
dredging channels ; repairs of all kinds, and rail tracks in yard, one hun-
dred and forty-nine thousand four hundred and sixty-five dollars*

Nor/oik* — For repairs of victualling-house, boat-shed, blacksmith-shop,
and tools ; wharves, foundery, officers' quarters, boiler-shop, repairs of dry
dock, engine-house, mast-house, and sail-loft ; saw-mill and machinery ;
offices and storehouse and repairs of all kinds, two hundred and twenty-
three- thousand four hundred and thirty-three dollars.

Pensacola* — For repairs of all kinds, fifty thousand dollars*

For machinery and materials for the repair of vessels at Pensacola,
ffiiip Island, and New Orleans, one hundred thousand dollars.

Mare Island* — For continuation of grading and paving, ten thousand Island *
dollars ; scows, lighter, and stages ; foundery and machinery for same ;
machinery for saw-mill ; continuing coal-shed and wharf ; continuing sea-
wall ; steam hammer and tools for smithery ; rigging and sail-loft ; repairs
of all kinds ; excess of expenditure on wharf ; guard-house ; machinery
for machine-shop, and gas-works, two hundred and twenty-four thousand
five hundred and ninety-five dollars*

Washington.

Norfolk.

Pensacola.

HOSPITALS.

Boston* — For remodelling old section of the hospital ; heating and
cooking and laundry apparatus; brick wall and iron gateways on Broad*
way ; and repairs of building and improvement of grounds, seventeen
thousand five hundred dollars*

New York. — For repairs and improvements of buildings and grounds,
increase of apparatus in the laboratory, and repairs to heating-apparatus,
nine thousand dollars*

Norfolk* — For general improvement and repairs of building, ground,
and wharves, five thousand dollars.

Pensacola* — For completion of extension of building, thirty thousand
dollars*

Memphis* — For improvements and repairs of hospitals, seven thou-
sand dollars.

New Orleans* — For improvements nand repairs of hospital, five thou-
sand dollars.

Mare Island, California* --Vox completion of hospital, seventy-five
thousand dollars.

MAGAZINES.

Portsmouth* — For howitzer and gun-equipment shed ; machinery for

Hospitals.
Boston*

New York*

Norfolk.

Pensaoola.
Memphis.
New Orleans.
Hare Island*

Magazines*
Portsmouth.

64 THIRTY-EIGHTH CONGRESS. Suss. I. Ch, 98. 1864

Hospitals* ordnance building, and fop fitting and famishing new wing of ordnance
building; grading grounds for repairs of ordnance buildings and railways,
twenty thousand and fifty dollars.

Boston. Boston. — For repairs of magazine and shell-houses at Chelsea, and

powder-boat; repairs, of ordnance store, shell-houses, and gun and shot
parks $ tools for gup-carriage shop ; and for completing ordnance store,
sixty-three thousand four hundred and thirty-nine dollars*

New York. jy&u> York — For machinery for repairing small arms; repairs to
wharves and track on Ellis' island ; sea-wall on north side of Ellis' island ;
repairs on magazine at Ellis' island ; dredging at Ellis' island ; and for re-
pairs of all kinds, forty-two thousand dollars.

Philadelphia. Philadelphia. — For repairs and alterations of ordnance storehouse and
office; machinery and tools in ordnance workshops ; and for magazine,
wharf- buildings, and grounds, eight thousand one hundred and sixty-
three dollars.

Washington. Washington* — For repairs and improvements of the magazine, ord-
nance buildings, and grounds of the ordnance yard ; erecting temporary
sheds ; additional ordnance machinery ; and for continuing the new ord-
nance foundery, sixty-nine thousand dollars. .

Mare Island. Mare Island, California* — For two small magazines at north end of
the yard ; enlargement of shell-house ; preparing gun park ; building
skids and shot beds ; machinery and tools for ordnance shop ; and for re-
pairs on magazine buildings and pile wharf, twenty-nine thousand three
hundred and sixty-eight dollars*

Miscellaneous. MISCELLANEOUS.

Civil establish- Eor pay of superintendents, naval constructors, and ail the civil est&b-
ments at Navy lishments of the several navy yards and stations, one hundred and twenty-
Yards. five thousand six hundred and eighty-eight dollars ; and the annual salary

Salary of con- f the constructing engineer at Mare Island, California., shall be three
SSew'af Mare thousand two hundred dollars, after the dose of Hie present fiscal
Island. year*

Naval Acad- For expensed of professors, watchmen, and others, and contingencies of
emy. the United States Naval Academy, one hundred mad one thousand eight

proviso. hundred and thirty-one dollars. and fifty-five cento: Provided, That no
money appropriated for the support of the naval academy shall be ap-
plied to the support of any midshipmen hereafter appointed not in strict
conformance with the provisions of the law for appointing midshipmen to
the naval academy.

Key West For constructing coal-wharf at Key West, Florida, thirty-two thousand
dollars.

For altering coal-depot to storehouse at Key West, Florida, eighteen
thousand dollars. *

For constructing railroad from naval wharf to coal-yards at Key West,
Florida, ten thousand dollars*

For the pay of mileage of visitors to the naval academy, two thousand
dollars*

♦J!*™ 1 observ8r NATAL OBSERVATORY*

For pay of assistant astronomer, three aids, and clerk, eight thousand
dollars, and four thousand dollars &Ar*tof shall be equally divided among
the three aids as their salary.

For wages of instrument maker, watchman, porter, and laborer* ; keep-
ing grounds in order, and repairs to buildings and enclosures ; fuel, lights,
office furniture, and stationery; and for freight, transportation, postage,
and incidental expenses, twelve thousand dollars.
Nautical Alma- For preparing for publication the American Nautical Almanac, twenty
™* five thousand eight hundred and fifty dollars.

THIRTY-EIGHTH CONGRESS* S&8&I. Cal 98, 9i, 95. 1864

85

KA.YAI* ASYLUM, PHILADELPHIA Haval asylonL

For furniture and repairs of same; nduse-cleaning and wlutewasbing;
repairs to furnaces, grates, and ranges; gas and water rent; for hospital,
and repairs of all kinds, five thousand two hundred dollars.

For the purchase and preparation of a site for a cemetery for the navy Cemetery,
and marine corps, near Philadelphia, fifteen thousand dollars.

For support of beneficiaries, thirty-two thousand dollars. * Bewflcbriw.

For gratuities and medals of .honor, five thousand dollars. nSE"

For bounties for destruction of enemies' vessels, as per "act of July Destruction of
seventeen, eighteen hundred and sixty-two, for the hotter government of vessels,
the navy," two hundred and fifty thousand dollars. *

For pay of photographer, for ordnance bureau, three hundred dollars. Vol. xii. p. 60S.

For compensation of petty officers, seamen, and others of the crew of Pay of officers,
the United States steamer Monitor, lost at sea December thirty, eighteen- Moui "
hundred and sixty-two, three thousand dollars. *

For compensation of petty officers, seamen, and others of the crew of Cairo,
the United States steamer Cairo, lost in Yazoo river December twelve,
eighteen hundred and sixty-two, eight thousand two hundred and fifty
dollars.

Sec. 2. And be it further enacted\ That, ont of the appropriation of ^©drj docks
seven hundred and fifty thousand dollars for a floating dry dock at navy attt f*^
yard, New York, provided for by the act making appropriations for the fo^^ 1 ™™^
naval service of the United States, approved third March, eighteen faun- ation.
dred and sixty-three, the Secretary of the Navy be, and he is hereby, M68» eh. lia,
authorized to construct one or two dry docks, as he may deem expedient, v p *
at New York and Philadelphia, at two hundred and sixty thousand dol-
lars each, and to expend the balance of said appropriation, if 'it shall -be
necessary, to enlarge the sectional docks to a capacity to receive the large
vessels now building.

Sec. & And be it further enacted. That there shall be added three Additional pro-
professors to the number of professors of mathematics now authorised by Jj^^jj^
law, who shall be appointed and commissioned as now' provided by law, weaemy.
and who shall be a professor of ethics and English studies, a professor of
Spanish, and a professor of drawing, at the naval academy.

Sec. 4 And be it farther mooted, That the United States naval Naval aeade-
academy shall be returned to and established at the naval academy J^^toAn-
grounds in Annapolis, in the state of Maryland, before the commencement napdtia.
of the academic year eighteen hundred and sixty-five*

Approved, May 21, 1S64.

Chap. XOlV. —An Act to amend an Ad, entitled "An Act to enable Hie People of Nevada May 2t, 1864.
to firm a Constitution and State Government, and for the Admission of sack State into i8S4»ch- 3S,
the Union on an equal Footing roith the original States. i***

Ante, p. 31*

Be it enacted ly the Senate and Mouse of Representatives of the United
States of America in Congress assembled. That so much of the fifth CoiwtitottMiijf
section of the act to which this act is an amendment as provides by ord- Emitted to
nance for submitting the Constitution to the people of said state, for their popular vote on
ratification or rejection, at an election to be held on the second Tuesday S^fLfst.
of October, be so amended as to read « on the first Wednesday of Sep- tember.
tember * and that the election for the purposes aforesaid be held on that
day instead of the second Tuesday of October*

Approved, May 21, 1864.

Chap. XpV.— An Act to provide a temporary Government fit the Territory of Men* May 38, 1664.

tana.

Be it enacted by ihe Senate and Bouse of Representatives of the
United Skates of America in Congress assemmd, That all that part of
vol. gin. Pub.— 8

THIRTY -EIGHTH CONGRESS, Bess. 1 Ch. 05. 1864.

Territory of
Montana estab-
lished.

Boundaries.

Territory may
be divided,
boundaries
changed, &c

Rights of In*
dians preserved.

Executive.

Governor, term*
of office, power,
etc;

to be superin-
ten dent of Indian
affairs.

Secretary, resi-
dence, powers,
and duties.

the territory of the United States included within the limits, to wit : Com-
mendng at a point formed by the intersection of the twenty-seventh de-
gree of longitude west from Washington with the forty-fifth degree of
north latitude ; thence due west on said forty-fifth degree of latitude to a
point formed by its intersection with the thirty-fourth degree of longitude
west from Washington ; thence due south along said thirty-fourth degree
of longitude to its intersection with the forty-fourth degree and thirty
minutes of north latitude ; thenee due west along said forty-fourth degree
and thirty minutes of north latitude to a point formed by its intersection
with the crest of the Rocky Mountains ; thence following the crest of the
Rocky Mountains northward till its intersection with the Bitter Root Moun-
tains $ thence northward along the crest of said Bitter Root Mountains to
its intersection with the thirty-ninth degree of longitude west from Wash-
ington; thence along said thirty-ninth degree of longitude northward to
the boundary line of the British possessions ; thence eastward along said
boundary line to the twenty-seventh degree of longitude west from Wash-
ington ; thence southward along said twenty-seventh degree of longitude
to the place of beginning, be, and the same is hereby, created into a tem-
porary government by the name of the Territory of Montana : Provided,
That nothing in this act contained shall be construed to inhibit the gov-
ernment of the United States from dividing said territory or changing
its boundaries in such manner and at such time as congress shall deem
convenient and proper, or from attaching any portion of said territory to
any other state or territory of the United States : Provided, farther,
That nothing in this act contained shall be construed to impair the rights
of person or property now pertaining to the Indians in said territory so
long as such rights shall remain unextinguished by treaty between the
United States and such Indians, or to include any territory which, by
treaty with any Indian tribes, is not, without the consent of said tribe, to
be included within the territorial limits or jurisdiction of any state or
territory ; but all such territory shall be excepted out of the boundaries,
and constitute no part of the Territory of Montana, until said tribe shall
signify their assent to the President of the United States to be included
within said territory, or to affect the authority of the government of the
United States to make any regulations respecting such Indians, their
lands, property, or other rights, by treaty, Jaw, or otherwise, which it
would have been competent for the government to make if this act had
never passed.

Seo. 2. And be it further enacted, That the executive power and au-
thority in and over said Territory of Montana shall be vested in*a gov-
ernor, who shall hold his office for four years, and until his successor
shall be appointed and qualified, unless sooner removed by the President
of the United States* The governor shall reside within said territory,
and shall be commander-in-chief of the militia and superintendent of In-
dian affairs thereof. He may grant pardons and respites for offences
against the laws of said territory, and reprieve for offences against the
laws of the United States until the decision of the President of the United
States can be made known thereon ; he shall commission all officers who
shall be appointed to office under the laws of the said territory, and shall
take care that the laws be faithfully executed.

Seo. 3. And be it farther enacted, That there shall be a secretary of
said territory, who shall reside therein and hold his office for four years,
unless sooner removed by the President of the United States ; he shall
record and preserve all laws and proceedings of the legislative assembly
hereinafter constituted, and all the acts and proceedings of the governor
in his executive department ; he shall transmit one copy of the laws and
journals of the legislative assembly within thirty days' after the end ot
each session, and one copy of the executive proceedings and official cor-
respondence semi-annually, on the first days of January and July in each

*

TffiRTT-EIGHTH CONGRESS. Sess. L Go. 95* 87

year, to the President of the United States and two copies of Hie laws
to -the- president of the senate and to the speaker of the house of rep-
resentatives* for the use of congress. And in case of the death, removal, Secretary,
resignation, or absence of the governor from the territory, the secretary ^J^** M
shall be> and he is hereby, authorized and required to execute and per-
form all the powers and dudes of the governor during such vacancy or
absence) or until another governor shall be duly appointed' and qualified
to fill such vacancy.

Sbo. 4. And be it farther enacted. That the legislative power and an- Legislative
thority of said territory shall be vested in the governor and* a legisla- power,
tive assembly* The legislative assembly shall consist of a council and A * 8embly *
house of representatives. The council shall cdnsbt of seven' members, Council, nam-
having, the qualifications of voters, as hereinafter prescribed, whose term her and qualttca-
of service shall continue two years. The house of representatives shajl, JJJJ
at its first session, consist of thirteen members, possessing the same qual- House of .rep-
lications as prescribed for the members of the council, and whose term reaentativea,
of service shall continue one year. The number of representatives may JJJJ lb *» term *
be increased by the legislative assembly, from time to time, to twenty-
six, in* proportion to the increase of qualified voters ; and the council, in
like manner, to thirteen. An apportionment shall be made, as nearly Apportion*
equal as practicable, among the several counties or districts for the elec- meaU
don of the council and representatives, giving to each section of the ter-
ritory representation in the ratio of its qualified voters as nearly as may
be. And the members of the council and of the house of representatives
shall reside in, and be inhabitants of, the district or county or counties for Residence of
which they may be elected respectively. Previous to die first election member8 '
the 'governor shall cause a census or enumeration' of die inhabitants and p^^^^
qualified voters of the several counties and districts of tike 'territory to
be taken by such persons and in such mode as the governor SbaH 'desig-
nate and appoint, and the person so appointed shall receive a reasonable .
compensation therefor. And the first election shall be held at such time Firs* election,
and places, and be conducted in such manner, both as to the persons who
shall superintend such election and the returns thereof, as the' governor
sua! appoint and direct $ and he shall at the same time declare tile num-
ber of members of the" council and house of representatives to which
each of 'the counties or districts shall be entitled under this act* The
persons having the highest number of legal* votes in each of said council Plurality of
districts, respectively, fop members of the council, shall be declared by • votes to
the governor to be duly elected to the council;. and the persons having
the highest number of legal votes for the house of representatives in each
of said representative districts, respectively, shall be declared by the
governor to be duly elected members of said house: Provided, That in
case two or more persons voted for shall have an equal number of votes, Kew election
and in case a vacancy shall otherwise occur in either branch of the when ordered,
legislative assembly, the governor shall order a new election. And
the persons thus elected to the legislative assembly 'shall meet at such
place and on such day as the governor shall appoint; but thereafter the First meeting
time, place, and manner of holding and conducting all elections by the of legislative
people, and the apportioning the representation in the several counties a8 ^ 1 "_^'
or districts to the council and house of representatives, according to the mee !^£
number of qualified voters, shall be prescribed by law, as well as the day
of the commencement of the regular sessions of the legislative assembly
Provided, That no session in any one year shall exceed the term of forty • of M8 ~
days, except the first session, which may continue sixty days. 610U8 *

Bsc. 5. And be U further enacted; That all citizens of the United Voters at first
States, and those who have declared their intentions to become such, and etec * m '
who are otherwise described and qualified fender the fifth section of the'
act of congress providing for a temporary government for Itoe territory 186S ^ U7 - 5
of Idaho, approved March third^ eighteen hundred and sixty-three, shall YuL'xh p.£jV

88

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 95. 1864

be entitled to vote at said first election, and shall be eligible to any
Voters at office within the said territory ; but the qualifications of voters, and of
subsequent holding, office, at all subsequent ejections, shall be such as shall be pre-
election, scribed by the legislative assembly.

Sec. 6. j4*w? be it further enacted, That the legislative power of the
limits of legisla- territory shall extend to all rightful subjects of legislation consistent with
tive power. the constitution of the United States and the provisions of this act ; but

no law shall be passed interfering with the primary disposal of the soil ;
no tax shall be imposed upon the property of the United States, nor shall
the lands or other property of non-residents be taxed higher than the
lands or other property of residents. Every hill which shall have passed
the council and house of representatives of the said territory shall, be-
fore it becomes a law, be presented to the governor of the territory. If
Veto power* he approve, he shall sign it ; but if not, lie shall return it, with his objec-
tions, to the house in which it originated, who shall enter the objections
at large upon their journal, and proceed to reconsider it If, after such
reconsideration, two thirds of that house shall agree to pass the bill, it
shall be sent, together with the objections, to the other house, by which
it shall likewise be reconsidered, and, if approved by two thirds of that
house* it shall become a law* But in all such cases the votes of both
houses shall be determined by yeas and nays, to be entered on the jour-
nal of each house, respectively. If any bill shall not be returned by the
governor within three days (Sunday excepted) after it shall have been
presented to him, the same shall be a law, in like manner as if he had
signed it, unless the assembly, by adjournment, prevent its return ; in
Slavery not which case it shall not be a law : Provided, That whereas slavery is pro-
p6 ]£ga ch, 1Ut hibited in said territory by act of congress of June nineteenth, eighteen
Vol. adi. p. 432. hundred and sixty-two, nothing herein contained shall be construed to

authorize or permit its existence therein.
Township, dish Sec. 7. And be it farther enacted, That all township, district, and
'officers!^ COUI,ty county officers, not herein otherwise provided for, shall be appointed or

elected, as the case may be, in such manner as shall be provided by the
governor and legislative assembly of the Territory of Montana. The
governor shall nominate, and, by and with the advice and consent of the
legislative council, appoint all officers not herein otherwise provided for ;
and in the. first instance the governor alone may appoint all said officers,
who shall hold their offices until the end of tbe first session of the legis-
lative assembly, and shall lay off the necessary districts for members of
the council and house of representatives, and all other officers.
Members of Sec. 8* And be it further enacted, That no member of the legislative
hSd^rtahi o£ assembly shall hold or be appointed to any office which shall have been
fices. created, or the salary or emoluments of which shall have been increased

while he was a member, during the term for which he was elected, and
for one year after the expiration of such term ; but this restriction shall
memS«i? of t as^ not appl^* * 6 to members of the first legislative assembly. And no
sembly or office- person holding a commission or appointment under the United States, ex-
holders in the cept postmasters, shall be a member of the legislative assembly, or shall
territory. liolcl any office under the government of said territory.

Judicial power. Ssc* 9. And be it further enacted, That the judicial power of said ter-
Supreme court ritory shall be vested in a supreme court, district courts, probate courts,
and in justices of the peace. The supreme court shall consist of a chief-
justice and two associate justices, any two of whom shall constitute a
quorum, and who shall hold a term at the seat of government of said
territory annually ; and they shall hold their offices during the period of
four years, and until their successors shall be appointed and qualified.
District courts. xj je ^ territory shall be divided into three judicial districts, and a dis-
trict court shall be held in each of said districts by one of the justices of
the supreme court at such times and places as may be prescribed by law ;
and the said judges shall, after their appointments, respectively, reside in

THIRTY-EIGHTH C0N6SES& gns. L Ch. 95.^1864. 89 '

the districts which shall be assigned them* The jurfediction of thfc sev- Jurisdiction,
eral courts herein provided for, both appellate and original, and that of the
probate courts and of justices of the peace, shall be limited by lawr Pro- Probate courts,
vided, That justices of the peace shall not have jurisdiction of any matter S^^ 8 * 08 oftho
in controversy when the title of land may be in dispute, or where the
debt or sum claimed shall exceed one hundred dollars; and the said
supreme and district courts, respectively, shall possess chancery as well Chancery
as common-law jurisdiction* Each district court, or the judge thereof, P°*"**
shall appoint its clerk, who shall also be the register in chancery, and <^ eri ?Jf ****
shall keep his office at the place where the court may be held. Write of writs «f em*
error, bills of exceptions, and appeals, shall be allowed in all cases front exceptions, &c '
the final decisions of said district courts to the supreme court, under such
regulations as may be prescribed by law. The supreme court, or the Clerks of su-
justices thereof, shall appoint its own clerk ; and every clerk shall hold p^me court,
his office at the pleasure of the court for which he shall have been ap-
pointed. Writs of error and appeals from the final decisions of said Writs of error,

™*** m * ^ * ♦U bw6 * andmay £ * e ^V™** S*X"

of the United States, in the same manner and under the same regulations United States.

as from the circuit courts of the United States, where the value of the
property, or the amount in controversy, to be ascertained by the oath or
affirmation of either party, or other competent witnesses, shall exceed one
thousand dollars, except that a writ of error or appeal shall be allowed to
the supreme court of the United States from the decision of the said su-
preme court created by this act, or of any judge thereof, or of the district
courts created by this act, or of any judge thereof, upon any writs of*&
habeas corpus involving the question of personal freedom. And each of corpus*
the* said district courts shall have and exercise the same jurisdiction, in Jurisdiction,
all cases arising under the constitution and laws of the United States, as
is vested in the circuit and district courts of the United States ; and the
first six days of every term of said courts, or so much thereof as shall be
necessary, shall be appropriated to the trial of causes arising under the
said constitution and laws ; and writs of error and appeal' in all such
cases shall be made to the supreme court of said territory the same as in
other cases. The said clerks shall receive, in all such cases, the same Fees of clerks,
fees which the clerks of the district courts of Washington Territory now
receive for similar services*

Sbc. 10. And be it farther enacted. That there shall be appointed Attorney;
an attorney for said territory, who shall continue in office four years, and
until his successor shall be appointed and qualified, unless sooner re*
moved by the President of the United States, and who shall receive the
same fees and salary as the attorney of the United States for the present fees and salary.
Territory of Washington. There shall also be a marshal for the territory Marshal;
appointed, who shall hold his office for four years, and until his successor
shall be appointed and qualified, unless sooner removed by the President
of the United States, and who shall execute all processes issuing from the
said courts when exercising their jurisdiction as circuit and district courts
of the United States. He shall perform the duties, be subject to the
same regulations and penalties* and be entitled to the same fees as the fees and salary,
marshal of the district court ofibe United States for the present Territory
of Washington, and shall, in addition, be paid two hundred dollars annu-
ally as a compensation for extra services. There shall also be appointed
by the President of the United States, by and with the advice and con-
sent of the Senate, a surveyor-general for said territory, who shall locate* Snrreyor-gen-
his office at such place as the Secretary -of the Interior shall from time to
time direct, and whose duties, powers, obligations, responsibilities, com*
pensation, and allowances for clerk-hire, office-rent, fuel, and incidental a! ^S eaSAiitm
expenses, shall be the same as those of the surveyor-general of New owaaces.
Mexico* under the direction of the Secretary of the Interior, and such
instructions as he may from time to time* deem- it advisable to give.

3*

90 THIRTY-EIGHTH CONGRESS. Sess. L Ch. 95. 1864

Certain officers Sec. 11. And be & further enacted, That the governor, secretary,
by*the?Sdent cn * e ^ just^ 6 * associate justices, attorney, and marshal shall be ap-
pointed by the President of the United States, by and with the advice
Oath of gov- an< * consent of the Senate* The governor and secretary to be appointed
emor and seore- as aforesaid shall, before they act as such, respectively, take an oath or
t* 1 ?* affirmation before the district judge, or some justice of the peace in the

Kmits of said territory, duly authorized to administer oaths and affirma-
tions by the laws now in force therein, or before the chief justice or some
associate justice of the supreme court of the United States, to support the
constitution of the United States, and faithfully to discharge the duties of
their respective offices ; which said oaths, when so taken, shall be certi-
fied by the person by whom the same shall have been taken ; and such
certificates shall be received and -recorded by the said secretary among
of judges and the executive proceedings; and the chief justice and associate justices,
dvtt officers. and all civil officers in said territory, before they act as such, shall take a

like oath or affirmation before the said governor or secretary, or some
judge or justice of the peace of the territory who may be duly commis-
sioned and qualified, or before the chief justice or some associate justice
of the supreme court of the United States, which said oath or affirmation
shall be certified and transmitted by the person taking the same to the
secretary, to be by him recorded as aforesaid ; and afterwards the like
oath or affirmation shall be taken, certified, and recorded in such manner
and form as may be prescribed by law. And any person who has here-
tofore been appointed chief justice or associate justice of the Territory of
Oath of jadges^Jdaho, who has not yet taken the oath of office, as prescribed by the act
in ktabo. organizing said territory, may take said oath or affirmation before the

chief justice or some associate justice of the supreme court of the United
States* The governor shall receive an annual salary of two thousand five
hundred dollars ; the chief justice and associate justices shall receive an
Salaries. annual salary of two thousand five hundred dollars ; the secretary shall
receive an annual salary of two thousand dollars* The said salaries shall
be paid quarter-yearly from the dates of the respective appointments at
the treasury of tike United States ; but no payment shall be made until
said officers shall have entered upon the duties of their respective ap-
Pay of mem- pointments* The members of the legislative assembly shall be entitled
berooT legislative to receive four dollars each per day during their attendance at the ses-
886 y * sions thereof, and four dollars each for every twenty miles' travel in going

to and returning from said sessions, estimated according to the nearest
usually travelled route ; and an additional allowance of four dollars per
day shall be paid to the presiding officer of each house for each day he
Chief clerk and shall so preside* And a chief clerk, one assistant clerk, one engrossing

^Th^^fUi an< * one enr °Ui n g clerk, a sergeant -at -arms, and doorkeeper may be
agsem j ) j^ e 6 chosen for each house ; and the chief clerk shall receive four dollars per

day, and Hie said other officers three dollars per day during the session of
the legislative assembly; but no other officers shall be paid by the
United States : Provided, That there shall be but one session of the
Assembly to legislative assembly annually, unless, on an extraordinary occasion, the 1
Son! anless^&cT governor shall think proper to call the legislative assembly together.

There shall be appropriated annually the usual sum, to be expended by
the governor, to defray the contingent expenses of the territory, includ-
ing the salary of the clerk of the executive department. And there shall
Annual appro- also be appropriated annually a sufficient sum, to be expended by the
nidations to be secretary of the territory, and upon an estimate to be made by the Sec-
mad *' retary of the Treasury of the United States, to defray the expenses of

the legislative assembly, the printing of the laws, and other incidental
expenses* And the governor and secretary of the territory shall, in the
Disbursements disbursement of all moneys intrusted to them, be governed solely by the
ef moneys. instructions of the Secretary of the Treasury of the United States, and

shall semi-annually account to the said secretary for the manner in which

*

THIRTY-EIGHTH 00N&EE3S* Sass. L >Cfe"9& 1864 . 91

the aforesaid moneys snail have been, expended ; and no expenditure . ^P^^f
shall be made by said legislative assembly for objects not specially au- SveassS^
thorized by the acts of congress making the appropriations, nor beyond the
sums thus appropriated for such objects.

Sec. 12* And be it further enacted, That the legislative assembly of Rratsesrion of
the ^Territory of Montana shall hold its first session at such time and place assem1 ^*
in said territory as the governor thereof shall appoint and direct; and at
said first session, or as soon thereafter as they shall deem expedient, the
governor and legislative assembly shall proceed to locate and establish the
seat of government for said territory at such place as they may deem
eligible: Provided, That the seat of government fixed by the governor Seatafgovera-
and legislative assembly shall not be at any time changed except by an* ment
act of the said assembly duly passed, and which shall be approved, after
due notice, at the first general election thereafter, by a majority of the
legal votes cast on that question.

Sec, 13. And be it further enacted, That a delegate to the house of Delegate ia
representatives of the United States, to serve for the term of two -years, 00ngre8S *
who shall be a citizen of the United States, may be elected by the voters
qualified to elect members of the legislative assembly, who shall be en*
titled to the same rights and privileges as are exercised and enjoyed by
the delegates from the several other territories of the United States to
the said house of representatives ; but the delegate first elected shall
hold his seat only daring the term of the congress to which he shall he
elected. The first election shall be held at such time and places, and be
conducted in such manner, as the governor shall appoint and direct ; and
at all subsequent elections the time and places, and manner of holding the
elections, shall be prescribed by law. The person having the greatest
number of legal votes shall be declared by the governor to be duly elected, 70168 10
and a certificate thereof shall be given accordingly. That the constitu- Constitution
tidn and all laws of the United States, which are not locally inapplicable, u£^£ f twto
shall have the same force and effect within the said Territory of Montana be in force,
as elsewhere within the United States.

Ssc. 14. And be it further enacted, That when the lands in the said School lands,
territory shall be surveyed under the direction of the government of the
United States, preparatory to bringing the same into market, sections
numbered sixteen and tbirty-six in each township in said territory shall
be, and the same are hereby, reserved for the purpose of being applied to
schools in said territory and in the states and territories hereafter to be
erected out of the same.

Sec. 15. And be At further enacted, That, until otherwise provided by J^***
law, the governor of said territory may define the judicial districts of said
territory, and assign the judges who may be appointed for said territory to
the , several districts, and also appoint the times and places for holding
courts in the several counties or subdivisions in each of said judicial dis-
tricts, by proclamation to be issued by him; but the legislative assembly,
at their first or any subsequent session, may organize, alter, or modify
such judicial districts, and assign the judges, and alter the times and places
of holding the courts, as to them shall seem proper and convenient.

SeO. 16. And be it further enacted, That all officers to be appointed Storing of-
by the President of the United Stajtes, by and with the advice and consent ae ^^ty.
of the Senate, lor the Territory of Montana, who, by virtue of the provis-
ions of any law now existing, or which may be enacted by congress, are
required to give security for moneys that may be intrusted with them for
disbursement, shall give such security at such time and in such, manner as
the Secretary of the Treasury may prescribe*

Sec* 17. And* be it farther enacted, That all treaties, laws, and other Treaties -with
engagements made by the government of the United States with tne 5toJ5£d? b *
Indian tribes inhabiting the territory embraced within the 1 provisions of
this act, shall be faithfully and rigidly observed, anything contained in this

92

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 95, 96, 97. 1864

A ^tand££. d ^ to the contrary notwithstanding ; and that the existing agencies and
de^tobe con- saperintendencies of said Indians be continued, with the same powers and
tinned. duties which are now prescribed bj law, except that the President of the

United States may, at his discretion, change the location of the office of
said agencies or superintendents*
Portion of Ter* Sbo. 18* And be it further enacted. That, until congress shall otherwise
j^^ofDa- direct, all that part of the Territory of Idaho included within the following
kota. boundaries, to wit : Commencing at a point formed by the intersection of

the thirty-third degree of longitude west from Washington with the forty-
first degree of north latitude $ thence along said thirty-third degree of
longitude to the crest of the Rocky Mountains ; thence northward along
the said crest of the Rocky Mountains to its intersection with the forty-
fourth degree and thirty minutes of north latitude ; thence eastward along
said forty-fourth degree thirty minutes north latitude to the thirty-fourth
degree of longitude west from Washington ; thence northward along said
thirty-fourth degree of longitude to its intersection with the forty-fifth
degree north latitude ; thence eastward along said forty-fifth degree of
north latitude to its intersection with the twenty-seventh degree of longi-
tude west from Washington; thence south along said twenty-seventh
degree of longitude west from Washington to the forty-first degree north
latitude ; thence west along said forty-first degree of latitude to the place
of beginning, shall be, and is hereby, incorporated temporarily into and
made part of the Territory of Dakota*
Approved, May 26, 1864.

May 26, 1864. Chap. XCYL-t An An fir the Classification & the Clerks to Paymasters in the Navy,
^— ^— — — and graduating their Pag*

Be it enacted by the Senate and House of Representatives of ike United
Pay of olerka States of America in Congress assembled, That the annual pay of clerks
Se^SJy?* 618 * to V^T mBterB m t 06 navy shall be as follows, namely: —

Clerks to paymasters at the Boston, New York, Washington, and Phila-
delphia stations, twelve hundred dollars.
At other stations, one thousand dollars*

Clerks to inspectors in charge of provisions and clothing at Boston,
New York, and Philadelphia, twelve hundred dollars.
At other inspections, one thousand dollars*

Clerks to paymasters in receiving-ships at Boston and New York,
twelve hundred dollars*

In other receiving-ships, and In vessels of the first rate, and at the
naval academy, one thousand dollars*

Clerks to fleet-paymasters and to paymasters of vessels of the second
rate, eight hundred dollars.

Clerks to paymasters -of vessels of the third rate, having complements
of more than one hundred and seventy-five persons, and to paymasters of
. supply-steamers and store-vessels, seven hundred dollars : Provided, That
lowedto certain no paymaster or assistant paymaster shall be allowed a clerk in a vessel
paymasters. having the complement of one hundred and seventy-five persons or less,

excepting in supply-steamers and store-vessels : And provided, further,
That nothing in this act shall be construed to alter the pay now allowed
by law to the paymaster's clerk at Mare Island*

Appbovbb, may 26, 1864.

May 28, 1864. Chap. XCTVXE. — An Act miking Appropriations fir the Payment of the Awards made by

the Commissioners appointed under ana by virtue of an Act of Congress entitled **An

1868* ch. 87. Act for the Belie/ of Persons fir Damages sustained by Reason of the Depredations and
Vol. adi p. 652. Injuries by certain Bands of Sioux Inaums" ' Approved, February sixteenth, eighteen

hundred and sixty three.

Be it enacted by the Senate mid House of Representatives of the United
States of America in Congress assembled, That the sum of nine hundred

4

THIRTY-EIGHTH CONGRESS. Sxss. I. Oh. 97, 98. 1864 93

and twenty-eight thousand four hundred tfnd eleven dollars, or so much ^Approprf^oM
thereof as may be necessary, be, and the same is hereby, appropriated, out aJSages done
of any money in the treasury not otherwise appropriated, for the payment by the Sioux In-
of the several amounts awarded by the commission appointed under and <iiana *
by virtue of an act of congress entitled "An act for the relief of persons
for damages sustained by reason of the depredations and injuries by cer-
tain bands of Sioux Indians," approved February sixteen, eighteen hun-
dred and sixty-three, to the several persons, firms, estates, and corpora-
tions, respectively, to whom such amounts were awarded by said commis-
sioners, except the following persons, estates, and firms to whom "awards
were made as aforesaid, to wit : Antoine Roberts, J* C* Toberer, Giibault
and Company, W. L. Sumner, G. L. Mendelsohn, D. C. Marvin, Joseph
Popp, B. Heinbach, W* W. Pendergast, Louis Theobald, J* and C. M.
Dailey, B, H. Randall, Louis Robert, W. H. Forbes, estate of S. B.
Garvie, deceased, A. Vajen and Brother, T. L Pierce, estate of Francis
Labathe, deceased, S. A. Hooper!, estate of James C* Dickenson, deceased,
Henry Apple, Theodore Crone, Charles Jacobs, F. Immel, H. C* Cooper,
IL D. Cunningham, Joseph Descoteau, and Henry Behnke, which .last
claim is numbered 366 on the books of said commissioners.

Sec. 2. And be it further enacted, That for the payment of so much of Appropriation
said awards made hy said commissioners to the persons, firms, and estates to pay awards to
specifically named in the first section of this act, as the Secretary of the £Sjy^i lt »<L
Interior shall upon examination find to be due to them respectively, under
said act approved February sixteen, anno Domini, eighteen hundred and
sixty-three, the further sum of two hundred and forty-one thousand nine
hundred and sixty-three dollars, or so much thereof as may be necessary,
be, and the same is hereby, appropriated out of any money in the treasury
not otherwise appropriated* And the Secretary of the Interior is hereby Secretary of
authorized and directed to pay to the said several claimants, or to their Jjjj* ™ or '°
attorneys heretofore or hereafter duty authorized, other than those claim- 8 ttome^B. 0r *
ants specifically named in the first section of this act, the several amounts
as awarded by said commissioners, and also to pay the several sums he
may find due, not exceeding the amounts respectively awarded by said
commissioners to the said persons, firms, and) estates so specifically
named.

Approved, May 28, 1864

Chap. XC VOT. — An A ct authorizing the Establishment of Ocean Meal Steamship Service May 28, 1864.

between tk* United States ate? ttrctziL

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled. That the Postmaster-Genera! be, Monthly mail
and he is hereby, authorised to unite with the general post-office depart- ^SSSaSSx
ment of the empire of Brazil, or such officer of the government of Brazil and the United
as shall be authorized to act for that government, in establishing direct States, by first-
mail communication between the two countries by means of a monthly stearnSo^ °*
line of first-class American sea-going steamships, to be of not less than
two thousand tons burden each, and of sufficient number to perform twelve
round trips or voyages per annum between a port of the United States, Bovte of voy*
north of the Potomac river, and Rio de Janeiro, in Brazil, touching at Saint ****
Thomas, in the West Indies, at Bahia, Pernambuco, and such other Bra-
zilian and intermediate port or ports as shall be considered necessary and
expedient; Provided, That the expense of the service shall be divided to
between-the two governments ; and that the United States portion thereof SJai/ofttw
shall not exceed the sum of one hundred and fifty thousand dollars for tbe United States
performance of twelve round trips per annum, to be paid out of any >ȣ to exceed,
money appropriated for the service of the post-office department

Sec, 2. And' be it further enacted, That the Postmaster-General be, ijl ^ < S5S^ii
and he is hereby, authorized to invite proposals for said mail steamship and contfoet

V

94

THIBTY-EIGHTB GQKGKB8& BmtJi Co. 98, 99; 1864

J

Proviso*

Proposals to
be accepted by
Brazil, &c

Contract to go
Into effort before
Sept 1,1865.

*

service by public advertisement for the* period of sixty days in one or
fiponfitttobi^der* more newspapers published in the cities of Washington, Baltimore, Phila-
delphia, New York* and Boston, respectively,, and to contract with the
lowest responsible bidder for the same for a term of ten years, to com-
mence from the day the first steamship of the proposed line shall depart
from the United States with the mails for Brazil : Provided, That pro-
posals for monthly trips < — that is to say, for twelve round voyages per
annum, ont and back — are received and accepted by him within the
limit as aforesaid, from a party or parties of undoubted responsibility, pos~
sessing ample ability to furnish the steamships required for the service,
and offering good and sufficient sureties for the faithful performance of
such contract: And provided, further, That such proposals shall be
accepted by the government of Brazil, and that distinct and separate con-
tracts with each government, containing similar provisions, shall' be*
executed by such accepted bidder or bidders ; each government to be
responsible only for its proportion of the subsidy to be paid for the
service* »

Seo. 3* And be it farther enacted, That any contract which the Pbst^
master-General may execute under the authority of this act shall go into
effect on or before the first day of September, one thousand eight hundred
Stipulations of and sixty-five ; and shall, in addition to the usual stipulations of ocean
oontraofc ' mail steamship contracts, provide' that the steamships offered for the aer-

vice shall be constructed of the best materials and after the most approved
model, with all the modern improvements adapted for sea-going steam*
ships of the first class; and shall, before their approval and acceptance by
the Postmaster-General, be subject to inspection and survey by an expe~
rienced naval constructor, to be detailed for that purpose by the Secretary
of the Navy, whose report shall be made to the Postmaster-General *
that the two governments shall be entitled to have transported, free of
expense, on eaoh and every steamer, 4 mail-agent to take charge of and
arrange the mail matter, to whom suitable accommodations for that puiv
pose shall be assigned; that in case of failure from any* cause to perform
a~v of the regular monthly voyages stipulated for in the contract, a pro
rata deduction <shall be made from the compensation, on account of such
omitted voyage or voyages; that suitable fines and. penalties may be
imposed for delays and irregularities in the regular performance of -the
service according to contract; and that the Postmaster-General shall have
the power to determine the contract at any time, in case of its being
underlet or assigned to any other party.
These steam- Sec. 4. And be it farther enacted, That the mail steamships employed
emSltomce£ m the service authorized by this act shall be exempt from all port-charges
tamport^cfaaxgeB, a Q d custom-house dues aft the port of departure and arrival in the United *
&c States: Provided, That a similar immunity from portaharges and custom-
house dues is granted by the government of Brazil
AmtovsKvMay 28, 1864

*

May 28, 1804. Chap. XCtX.—An Aa fir. Rditf of the Citizens of Denver, in the. Territory
• Colorado. .

Be it enacted by the Senate and Souse of Representative* of the United *
Certain fends States of America in Congress assembled, That the provisions of an act
^^"SS 1 *? * congress entitled "An act for the relief of the citizens of towns upon
^ClfC J*"* 8 <>f the United States, under certain circumstances," approved
town, at fte May twenty-third, eighteen hundred and forty-four, be so extended as to
nrinfaaipi price, authorize the probate judge of Arapahoe county, in the territory of Colo-
v¥»*k X Ihr ra ^°* *° enter > at minimum price, in trust for the several use and
vol. v. p. w« benefit of the rightful occupants of said land and the bona $de owners of
the improvements thereon, according to their respective interests, the fol-
lowing legal subdivisions of land, or such portions thereof as are settled
and actually cfccupied for town purposes by the town of Denver aforesaid,

THERTY-MGHTH CONGRESS. Sss&X Ofc 101, 102,1O& 1864 95

to wit: Section number thirty-three, and the west half of -section number Lote fer gov-
thirty-foar, in township number three south ef range number sixty-eight JJ^JJ to
west of the sixth principal meridian : Provided, however, That there shall served.,
be reserved from such sale and entry such blocks or lota hi the town of
Denver as may be necessary for government purposes? to be designated
by the commissioner of the general land-office.

Sec. 2. And be it further enacted, That in all respects, except as herein Provisions of
modified, the execution of the foregoing provisions shall be -controlled by l^ 18 ^^
the provisions of said act of twenty^hnd May, eighteen hundred and aj^v.
forty-foar, and the rules and regulations of the conunissioner of the gen-
eral land-office*

Approved, May 28, 1364.

Chap. CL—An Jd to provide fir the Payment of the Claims of Peruvian Citizens, June 1, 1864*
under the Convention between the United State* and Peru, of the twelfth of January, — 1884. ch. 188.
e^lOem hundred and sizty4hree. y Post? -p. 141.

Be it enacted by ike Senate and Souse of Representatives of the United
States of America in Congress assembled, That for the purpose of dis- Payments to
charging the obligations of the United States, under the convention with ^ p d wl 011 "
Peru, of the twelfth of January last, there be paid to Stephen G. Mon- ^cSJmenVer-
tano, or to his legal representatives, in the current money of the United gel»
States, the sum of forty-one thousand seven hundred and eighty-two
dollars and thirty-eight cents; and to Juan del Carmen Yergel, or his
legal representatives, the sum of one thousand one hundred and seventy
dollars, in the silver money of the United States, or its equivalent, out of
any money in the treasury not otherwise appropriated*

Apfboted, June 1» 1$64»

Chap. CIL~An Art Betatton to franked Matter. Jmte 1,1864

Be it enacted by the Senate and Bouse of Meprese7UaHv.es of the United
States of America in Congress assembled. That all communications relat- ^
ing to the official business of the department to which they are addressed, jj«ads of depart-
of whatever origin, addressed to tfe^ chiefs of the several executive de- menta, &c« to be
partments of the government, or to such principal officers of each execu-
tive department, being heads of bureaus or chief, clerks, or one dujy doreement
authorized by the Postmaster-General to frank official matter, shall be
received and conveyed by mail free of postage without being endorsed
"official business," or with the name of the writer.

Approved, June 1, 1864.

Chap. OIIL — An Act to amend an Act entitled "An Act making a Grant of Lano\s\ to June % 1864.
ihe State of Iowa, in alternate Sections* to aid in tie Construction of certain Railroads nftKft ^ on
inlaid State/' approved Mag fifteen, eighteen hundred mtdftjhf-eix. m*?*.*

Be it enacted by the Senate and Souse of Representatives of the United
States of America in Congress assembled, That the Mississippi and Mb- Tbe&fcMppi
souri Railroad Company, a corporation established by die laws of the
State of Iowa, and to which the said state granted a portion of the land- party may change
grant mentioned in the title of this act, to aid in the construction of a JS^™ rf P**
railroad from Davenport to Council Bluffs in said state, may .modify or
change the location of the uncompleted portion of its Un$, as shown by
the map thereof now on file in the general knd«office of Hie United
States, so as to secure a better and more expeditious Hoe for connection
with the Iowa branch of the Union Pacific Railroad : Provided, never-
theless, That said nej* lute, if loeaied, shall in every .case pass through .New line to go
the corporate limits of the cities of Dfes Moines and Council Blufis ; and tough D*»
the right of way over the public lands of the United States is hereby
panted to said railroad company for that purpose; Provided* That said ^ Newton!
Ene shall pass through the town of Newton, in Jasper County, or as near u, &c

96

THIRTY-EIGHTH CONGRESS* Sess. L Gel 103. 1864

said town as may be found practicable, 4nd not further north of said town
than the north line of section twenty-two, township eighty north, of range
nineteen, according to the United States surveys, if the citizens of the
county of Jasper shall first pay to said company the difference in cost, if
any, between the line proposed by the company and the one contempla-
ted by this proviso, including extra cost of right of way, if any, said
difference in cost to be estimated by competent engineers to be selected
by the parties.

Company to Sbo. 2. And be it further enacted) That whenever such new location
file map showing shall havd been established, the said railroad company shall file in the
location. general land-office at Washington a map, definitely showing such new

Secretary of location ; and the Secretary of the Interior shall cause to be certified and
an^Snveytan^ M®v*y*A said company from time to ti.me, as the road progresses, out
to company. • of any public lands now belonging to the United States not sold, reserved,

or otherwise disposed of, or to which a preemption claim or right of
homestead settlement has not attached, and on which a bona fide settle-
ment and improvement has not been made under color of title derived
from the United States or from the State of Iowa, within six miles of
such newly located line, an amount of land pet mile equal to that origi-
nally authorized to be granted to aid in the construction of said road by
the act to which this is an amendment ; and if the amount of land granted
by the original act to aid in the construction of said railroad shall, not be
Limits of se- found within the limit of six miles from such line, then such selections
k^fr"^ may be made along such line within twenty miles thereof : Provided,

Proviso. That the said company shall not be entitled to, end shall not receive, any
land under this grant which is situate within fifteen miles of the line of
the Burlington and Missouri River Railroad, as indicated by the map of
said road, now on file in the general land-office*
The Burling- Sso. 3. And be it jwther enacted, That the Burlington and Missouri
B^er^R.^Bfco? 1 ^ ver Railroad Company, a corporation organized under the laws of the
to receive lauds. State of Iowa, and to which said state granted a portion of the land-grant

mentioned in the title of this act to aid in the construction of a railroad
from Burlington in said state to the Missouri River, shall be entitled to
receive, and the Secretary of the Interior shall cause to be certified and
conveyed to said company from time to time, as the road progresses, out
of any public lands now belonging to the United States not sold, reserved,
or otherwise disposed ofj or to which a preemption claim or right of
homestead settlement has not attached, and on which a bona fide settle-
ment and improvement has not been made under color of title derived
Limits of se- from the United States or from the State of Iowa, within six miles of said
loctions * road, as now located, an amount of land per mile equal to that mentioned

in the act to which this act is an amendment, as intended to aid in the
construction of said road ; and if the amount of land granted by the orig-
inal act to aid in the construction of said road shall not be found within
the limit of six miles from Jhe line of said road, then such selections may
be made along such line within twenty miles thereof.
The Cedar Sec. 4. And be it farther enacted, That the Cedar Rapids and Mis-
sou^River b?r! sour * *^ ver J&ulroad Company, a corporation established under the laws
Co. may change of the State of Iowa, and to which the said state granted a portion of the
its location and land mentioned in the title to this act, may nullify or change the location
have lands there- p ^% uncom pleted portion of its line, as shown by the map thereof now on

file in the general land-office of the United 'States, so as to secure a
better and more expeditious line to the Missouri River, and to a eon-
1 nection with the Iowa branch of the Union Pacific Railroad ; and for the
purpose of facilitating the more immediate construction of a line of rail-
roads across the State of Iowa, to connect with the Iowa branch of the
Union Pacific Railroad Company, aforesaid, the said Cedar Rapids and
Missouri River Railroad Company is hereby authorized to connect its
line by a branch with the line of the Mississippi and Missouri Railroad

THIRTY-EIGHTH CONGRESS. Sbss.L Ch.108. 1864

97

Company ; and tbe said Cedar Rapids -and Missouri River Railroad Com-
pany shall be entitled for such modified line to the same lands and to the
same amount of lands per mile, and for such connecting branch the same
amount of land per mile, as originally granted to aid in the construction
of its main line, subject to the conditions and forfeitures mentioned in the
original grant, and, for the said purpose, right of way through the public Right f W8y
lands of the United States is hereby granted to said company. And it granted*
is farther provided, That whenever said modified main fine >shall have
been established or such connecting line located* tbe said Cedar Rapids
and Missouri River Railroad Company shall file in the general land-
office of the United States a map definitely showing such modified line and
such connecting branch aforesaid ; and tbe Secretary of the Interior shall Secretary of
reserve and cause to be certified and conveyed to said company, from Interior to con-
time to time, as the work progresses on the main line, out of any public vey , ^
lands now belonging to the United States, not sold, reserved, or otherwise
disposed of, or to which a preemption right or right of homestead settle-
ment has not attached, and on which a bona fide settlement and improve-
ment has not been made under color of title derived from the United
States or from the State of Iowa, within fifteen miles of the original main
Hne, an amount of land equal to that originally authorized to be granted '
to aid in tbe construction of the said road by the act to which this is an
amendment And if the amount of lands per mile granted, or intended
to be granted, by die original act to aid in the construction of said rail*
road shall not be found within the limits of the fifteen miles therein pre- Limits of selec-
scribed, then such selections may be made along said modified line, and ttons;
connecting branch within twenty miles thereof : Provided) however, That
such new located or modified line shall pass through or near Boonsboro', f location of
in Boon County, and intersect the Boyer River not further south than a rood,
point at or near Dennison, in Crawford Gounty : And provided, further. Proviso in case
That in case the main Hne shall be so changed or modified as not to reach tfc mainline is
the Missouri River at or near the forty-second parallel north latitude, it chan S ed '
shall be the duty of said company, within a reasonable - time after the
completion of its road to the Missouri River, to construct a branch road to
some point in Monona County, in or at Onawa City j and to aid in the
construction of such branch the same amount of lands per mile are
hereby granted as for the main line, and the same shall be reserved and
certified in the same manner ; said lands to be selected from any of the
unappropriated lands as hereinbefore described within twenty miles of
said main line and branch ; and said company shall file with the Secre- Hap of loca-
tary of the Interior a map of the location of the said branch ; And tion to be filed.
provided, further, That the lands hereby granted to aid in the construe*
tion of the connecting branch aforesaid shall not vest in said company
nor be encumbered or disposed of except in the following manner : When
the governor of the State of Iowa shall certify to the Secretary of the Conditions of
Interior that said company has completed in good running order a sec- grant
tion of twenty consecutive miles of the main line of said road west of
Nevada, then the secretary shall* convey to said company one third, and
no more, of the lands granted for said connecting branch. And when
.said company shall complete an additional section of twenty consecutive
miles, and furnish the Secretary of the Interior with proof as aforesaid,
then the said secretary may convey to the said company another third of
the lands granted for said connecting branch ; and when said company
shall complete an additional section of twenty miles, making in all sixty
miles west of Nevada, the secretary, upon proof famished as aforesaid,
may convey to the said company the remainder of said lands to aid in
the construction of said connecting branch : Provided, however. That no Proviso,
lands shall be conveyed to said company on account of said connecting
branch road until the governor of the* State of Iowa shall certify to the
Secretary of the Interior that the same shall have been completed as a
vol. m Pub. — 9

4

88

THIRTY-EIGHTH CONGRESS. Sess/L Ch. 103. 1864.

first-class railroad. And no land shall be conveyed to said company
situate and lying within fifteen miles of the original line of the Missis
sippi and Missouri railroad, as laid down on a map on file in the general
land-office : Provided, farther, That it shall be the duty of the Secre-
Secretary of tary of the Interior, and he is hereby required, to reserve a quantity of
Interior tore- i an j embraced in the grant described in this section, sufficient, in the
IJ^L opinion of the governor of Iowa, to secure the construction of a branch

railroad from the town of Lyons, in the State of Iowa, so as to connect
with the main line in or west of the town of Clinton in said state, until
the governor of said state shall certify that said branch railroad is com*
Provisos. pleted according to the requirements of the laws of said state : Provided,
farther, That nothing herein contained shall be so construed as to re-
lease said company from jts obligation to complete the said main line
within the lime mentioned in the original grant : Provided,- further,
That nothing in this act shall be construed to interfere with, or in any
manner, impair any rights acquired by any railroad company named in
the act to which this is an amendment, or the rights of any corporation,
person or persons, acquired through any such company ; nor shall it be
construed to impair any vested right of property, but such rights are
hereby reserved and confirmed : Provided, however, That no lands shall
be conveyed to any company or party whatsoever, under the provisions
of this act and the act amended by this act, which have been settled upon
and improved in good faith by a bona fide inhabitant, under color of title
derived from the United States or from the State of Iowa adverse to the
grant^ made by this act or the act to which this act is an amendment
But each of said companies may select an equal quantity of public lands
as described in this act within the distance of twenty miles of the line of
each of said roads in lieu of lands thus settled upon and improved by
bona fide inhabitants in good faith under color of title as aforesaid.
Mississippi and Sec 5. And be it farther enacted, That the Mississippi and Missouri
Missouri £. ft Railroad Company shall have the right to transfer and assign all or any

the SSted"^ 11 P arfc °^ tne &^ nt hereby made to said company to any other company,
laadfji; &c* or person or persons, if, in the opinion of said -company, the construction

of the said railroad across the State of Iowa will be thereby sooner and
more satisfactorily completed ; but such assignee shall not in any case be
released from the liabilities and conditions accompanying this grant, nor
acquire perfect title in any other manner than the same would have been
acquired by the grantee herein named : Provided, That said transfer and
assignment shall first be authorized by the governor of the State of Iowa*
Dubuque and Seo. 6* And be it farther enacted, That the Dubuque and Sioux City
Sip"* B* Railroad Company may so far change their line between Fort Dodge and
ttafrlwe. 89 Sioux City as to secure the best route between those points ; said change

shall not impair the right to, nor change the location of, their present land*
Map to be tiled, grant A map of the change shall be filed with the commissioner of the

general land-office within one year after the passage of this act.
Conditions of Sbo* 7* And be it farther enacted, That all of the conditions and limit-
^"» er act to ap- ations contained in the act to which this act is an amendment, and not ex-
cot^°&c! pressly changed by this act, shall attach to and run with the grants made

by this act, except as the said conditions and limitations have been modi-
fied, and may hereafter be modified, by the general assembly of the State
of Iowa.

Xands hereby Ssc & And be it farther enacted. That no lands hereby granted shall

f^^ed untiL ^ 08rtMe * to ypMT of said companies until the governor of the State of
^e«i until, j owft g | M jj cer ^y to tn ^ gecretajy f the Interior that the said company ,

Pub* Res. No. nas completed, ready for the rolling' stock, within one year from Che first
34. * day of July next, a section of not less- than twenty miles from the present

Poet, p. 578. terminus of the* completed portion of said railroad, add in each year there-
after an additional section of twenty miles; but' the number of sections
per mile originally authorized shall be certified to each company, upon

THIRTY-EIGHTH CONGRESS. Sess. I. Cbu 104, 106. 1864. 99

proof as atoresaid of the completion 'of the additional sections of the
road as aforesaid; and upon the failure of either company to complete
either section as aforesaid, to be annually built, the portion of the land
remaining uncertified shall become subject to the control and disposition of
the legislature of the State of Iowa, to aid & the completion of such road.

Sec. 9. And be it farther enacted. That all lands hereafter certified to aft I f nd ^|' t0
either of the land-grant railroads in said state, and lying opposite any be oflferedforsale
completed section of such road, shall be offered for sale by the company within three
to which they shall be certified within three years from the completion of ******
such section, if then certified ; and if not, then within three years from
the date of such certificate at reasonable prices ; and if not all sold within
that period then during the fourth year all such lands remaining unsold When to be
shall be exposed to public sale, after previous notice posted at the county ^^ 8ed topn
seat of the county in which such lands shall be situated, to the highest
bidder, and in tracts not exceeding one hundred and sixty acres each*

Approved, June 2, 186*4.

Chap. CIV\ — An Act to incorporate the Newsboys? Home. Jaoe % 18S4.

Be it enacted by the Senate and Souse of Representatives of the United
States of America in Congress assembled. That Joseph Henry, J. " W. " The
Forney, Henry Beard, Sayles J. Bowen, and A. M. Gangwer, their \v£bington°
associates and successors, being members of said society, by paying into city" incorpo*
its treasury the sum of two dollars annually, or life members, by paying rated *
fifty dollars at one time, are hereby incorporated and made a body politic,
by the name of " The News-boys' Home of Washington City," f$r the
purpose of providing lodgings, meals, and instruction to such homeless and
indigent boys as may properly come under the charge of such association, Powers of cor-
to provide for them a suitable home,* board, clothing, and instruction, and potation*
to bring them under Christian influence ; and by that name shall have
perpetual succession, with power to use a common seal, to sue and be
sued, to plead and be impleaded in any court of competent jurisdiction
within the District of Columbia, to collect subscriptions, make by-laws,
rules, and regulations needful for the government of said corporation not
inconsistent with the laws of the United States ; to have, hold, and re-
ceive real estate by purchase, gift, or devise ; to use, sell, or convey the
same for the purposes and benefit of said corporation, and to choose such
officers and teachers as may be necessary, prescribe their duties, and fix
the rate of their compensation;

Sec* 2. And be it Jwrther enacted, That the officers of said association Officers, &c>
shall consist of a president, two vice-presidents, secretary, treasurer, and
a board of managers, to be composed of fifteen members, the wjiole'to
constitute an executive committee, whose duty it shall be to carry into
efiect the plans and purposes for which said association was formed, all/>f
Which officers shall be elected on the first Tuesday in February in each
year at the annual meeting of said association, which shall be held on said
day ; their successors shall be elected and hold their offices for the term
of due year, and until their successors shall be duly elected* And in case
of a vacancy it shall be filled by the other members of the executive
committee*

Approved, June 2, 1864.

Chap. CVI. — An Act to probide a National Currency, seared by a Pledge of United * June 3, 1864 .
States Bonds, and to provide Jbr the Circulation and Redemption, thereof, iss& ch. 78,

Be it enacted by the Senate and House of Representatives of (he United Potf, V 484.
States of America in Congress assembled, That there shall be estab- Cmerencv bu-
lished in the treasury department a separate bureau, which shall be T ** x estal>Iiahed
charged with*the execution of this and all other laws that may be passed
by congress respecting the issue and regulation of a national currency

100 THIRTY-EIGHTH CONGBESS. Sess. L Or. 106. 1864.

secured by United States bonds. The chief officer of the said bureau shall*
Comptroller of be denominated the comptroller of the currency, and shall be under the gen-
cuwowy. era | dfrection of the Secretary of the Treasury. He shall be appointed
Appointment by the President, on the recommendation of the Secretary of the Treas-
ury, by and with the advice and consent of the Senate, and shall hold his
Term of office, office f or the term of five years unless sooner removed by the President,
upon reasons to be communicated by him to the Senate ; he shall receive
Salary. an annual salary of five thousand dollars; he shall have a competent
Deputy comp- deputy, appointed by the secretary, whose salary shall be two thousand
trotter. g ve hundred dollars, and who shall possess the power and perform the

duties attached by law to the office of comptroller during a vacancy in
such office and during bis absence or inability; he shall employ, from
lime to time, the necessary clerks to discharge such duties as he shall
Clerks. direct, which clerks shall be appointed and classified by the Secretary of
the Treasury in the manner now provided by law* Within fifteen days

tak° oS^SlflSn fr° m tne ** me °^ not ^ ce °f hfe appointment the comptroller shall take and
what time. subscribe the oath of office prescribed by the constitution and laws of the

United States ; and he shall give to the United States a bond in the pen-
Bond, alty of one hundred thousand] dollars, with not less than two responsible
sureties, to be approved by the Secretary of the Treasury, conditioned
for the faithful discharge of the duties of his office. The deputy-comp-
of^eouty comp^ tro ^ er 80 appointed shall also take the oath of office prescribed by the
troller. constitution and laws of the United States, and shall give a like bond in
Not to be in- the penalty of fifty thousand dollars. The comptroller and deputy-comp-
terested in any troller shall not, either directly or indirectly, be interested in any associa-
banktog mo~ t . on mmmy ' ajs&ee the provisions of this act.

Seal of ear- Sec. 2. And be it further enacted, That the comptroller of the cur-
rency bureau, rency, with the approval of the Secretary of the Treasury, shall devise a
and where to seal, with suitable inscriptions, for his office, a description of which, with
J» kept a certificate of approval by the Secretary of the Treasury, shall be filed

in the office of the Secretary of State with an impression thereof, which
shall thereupon become the seal of office of the comptroller of the cur-
Certain papers rency, and the same may be renewed when necessary. Every certifi-
tobfevi^ cate, assignment' and conveyance executed by the comptroller, in pursu-

ance of any authority conferred on him by law, and sealed with his seal
of office, shall be received in evidence in all places and courts whatsoever ;
and all copies of papers in the office of the comptroller, certified by him
and authenticated by the said seal, shall in all cases be evidence equally
Impression may and in* like manner as the original. An impression of such seal directly
be upon paper. m t ^ e p aper 8na u be as valid as if made on wax or wafer.

Rooms for cur- Sbc. 8. And be it Jurther enacted, That there shall be assigned to
rency bureau. tne comptroller of the currency by the Secretary of the Treasury suit-
able rooms in the treasury building for conducting the business of the
Fire-proof currency bureau, in which shall be safe and secure fire-proof vaults, in
v which it shall be the duty of the comptroller to deposit and safely keep

all the plates not necessarily in the possession of engravers or printers,
and other valuable .things belonging to his department ; and the comp-
Fnrniture, &c troller shall from time to time furnish the necessary furniture, stationery,
fuel, lights, and other proper conveniencies.for the transaction of the said
business.

Term " United Sbc. 4. And be it /farther enacted, That the term " United States
tofd dft nd h"tL Bonds," *s used in tbis-act, shall be construed to mean all registered bonds
to mem wnau nQw or tDat maT hereafter be issued, on the faith of the United

States by the Secretary of the Treasury in pursuance of law*
Sec* 5* And be it farther enacted, That associations for carrying op the
ciati^ how 880 " business of banking may be formed by any number of persons, not less
maj be formed, in any ease than five, who shall enter into articles of association, which

shall specify in general terms the object for which the association is formed,
and may contain any other provisions, not inconsistent with the pro-

4

THIRTY-EIGHTH CONGRESS. Sess.L Or. 106. 1864.

101

visions of this act, which the association may see fit to adopt for the
regulation of the business of the association and the conduct of its affairs,
which said articles shall be signed by the persons uniting to form the
association, and a copy of diem forwarded to the comptroller of the cur-
rency, to be filed and preserved in his office.

Seo. 6. And be it further enacted, That the persons uniting to form Organization
such an association shall, under their hands, make an organization certi- g^jy* te t0
ficate, which shall specify — '

First. The name assumed by such association, which name shall be name,
subject to the approval of the comptroller*

Second. The place where its operations of discount and deposit are to P* 8 **^ buri-
be carried on, designating the state, territory, or district, and also the par- '
ticular county and city, town, or village.

Third. The amount of its capital stock, and the number of shares into capital and
which the same shall be divided. shares,

Fourth. The names and places of residence of the shareholders, and f "hareiSSew.
the number of shares held by each of them. purpose of cer-

Fiftb. A declaration that said certificate is made to enable such per- ti&cate.
sons to avail themselves of the advantages of this act

The said certificate shall be acknowledged before u judge of some Certiaoatetobe
court of record or a notary public, and such certificate, with the acknowl- acknowledged,
edgment thereof authenticated by the seal of such court or notary, shall
be transmitted to the comptroller of the currency, who shall record and
carefully preserve the same in his office. Copies of such certificate, duly Copies under
certified by the comptroller, and authenticated by his seal of office, shall ^! c ^
be legal and sufficient evidence in all courts and places within the United
States, or the jurisdiction of the government thereof, of the existence of
such association, and of every other matter or thing which could be
proved by the production of the original certificate.

Sec. 7. And be it farther enacted, That no association shall be or- Amount ofcap-
ganized under this act, with a less capital than one hundred thousand jj^n n °*
dollars, nor in a city' whose population exceeds fifty thousand persons, '
with a less capital than two hundred thousand dollars : Provided, That Proviso,
banks with a capital of not less than fifty thousand dollars may, with the
approval of the Secretary of the Treasury, be organized in any place the
population of which does not exceed six thousand inhabitants.

Sso. 8. And be it further enacted, That every association formed Associations
pursuant to the provisions of this act shall, from the date of the execution when, to be cor-
of its organization certificate, be a body corporate, but' shall transact no ^he^tocom-
business except such as may be incidental to its organization and neces- mence business,
sarily preliminary, until authorized by the comptroller of the currency to
commence the business of banking. Such association shall have power
to adopt a corporate seal, and shall have succession by the name desig- SeaL
nated in its organization certificate, for the period of twenty years from its
organization, unless sooner dissolved according to the. provisions of its . May continue
articles of association, or by the act of its shareholders' owning two thirds
of its stock, or unless the franchise shall be forfeited by a violation of this
act; by such name it may m:tke contracts, sue and be sued, complain and General powem.
defend, in any court of law and equity as fully as natural persons ; it may
elect or appoint directors, and by its board of directors appoint a president, Directors and
vice-president, *&shier, and other officers, define their duties, require 0jfic018 *
bonds of them and fix the penalty thereof, dismiss said officers or any of
them at pleasure, and appoint others to fill their places, and exercise
under this act all such incidental powers as shall be necessary to carry
on the business of banking by discounting and negotiating promissory
notes, drafts, bills of exchange, and other evidences of debt ; by receiving
deposits ; by buying and selling exchange, coin, and bullion ; by loaning
money on personal security ; by obtaining, issuing, and circulating notes
according to the provisions of this act ; and its board of directors shall

9*

102

THIRTY-EIGHTH CONGRESS. Sess. L Ch*106* 1864

By-laws.

Directors; qual-
ifications;

one to be pres-
ident.

Oata.

Term of office
of directors.

Elections.

Vacancies, how
filled.

Toting and
proxies.

Capital stock
to be divided
into snares*

also nave power to define and regulate, by by-laws, not inconsistent with
the provisions of this act, the manner in which its stock shall be trans-
ferred, its directors elected or appointed, its officers appointed, its prop*
erty transferred, .its general business conducted, and all the privileges
granted by this act to associations organized under it shall be exercised
and enjoyed ; and its usual business shall be transacted at an office or
banking house located in the place specified in its organization certificate.

Sec. 9. And be it further enacted, That the affairs of every associa-
tion shall be managed by not less than five directors, one of whom shall
be the president. Every director shall, during his whole term of service,
be a citizen of the United States ; and at least three fourths of the direc-
tors shall have resided in the state, territory, or district in which such
association is located one year next preceding their election as directors,
and be residents of the same during their continuance in office* Each
director shall own, in his own right, at least ten shares of the capital stock
of the association of which he is a director. Each director, when ap-
pointed or elected, shall take an oath that he will, so far as the duty de-
volves on him, diligently and honestly administer the affairs of such asso-
ciation, and will not knowingly violate, or willingly permit to be violated,
any of the provisions of this act, and that he is the bona fide owner, in
his own right, of the number of shares of stock required by this act, sub-
scribed by him, or standing in his name on the books of the association,
and that the same is not hypothecated, or in any way pledged, as security
for any loan or debt ; which oath, subscribed by himself, and certified by
the officer before whom it is taken, shall be immediately transmitted to
the comptroller of the currency, and by him filed and preserved in his
office.

Sec. 10. And be it further enacted, That the directors of any associa-
tion first elected or appointed shall hold their places until their successors
shall be elected and qualified* All subsequent elections shall be held
annually on such day in the 'month of January as may be specified in
the articles of association ; and the directors so elected shall hold their
places for one year, and until their successors are elected and qualified.
But any director ceasing to be the owner of the requisite amount of stock,
or having in any other manner become disqualified, shall thereby vacate
liis place. Any vacancy in the board shall be filled by appointment by
the remaining directors, and any director so appointed shall hold his place
until the next election* I&from any cause an election of directors shall
not be made at the time appointed, the association shall not for that
cause be dissolved, but an election may be held on any subsequent day,
thirty days* notice thereof in all cases having been given in a newspaper
published in the city, town* or county in which the association is located ;
and if no newspaper is published in such city, town, or county, such notice
shall be published in a newspaper published nearest thereto. If the arti-
cles of association do not fix the day on which the election shall be held,
or if« the election should not be held on the day fixed, the day for the elec-
tion shall be designated by the board of directors in their by-laws, or
otherwise : Provided, That if the directors fail to fix the day, as aforesaid,
shareholders representing two thirds of the shares may.

Sec. 11. And be it farther enacted, That in all elections of directors,
and in deciding all questions at meetings of shareholders, each share-
holder shall be entitled to one vote on each share of stock held by him*
Shareholders may vote by proxies duly authorized in "writing; but no
officer, clerk, teller, or book-keeper oi such association shall act as
proxy ; and no shareholder whose liability is past due and unpaid shall be
allowed to vote.

Sec. 12. And be it further enacted, That the capital stock of any as-
sociation formed under this act shall be divided into shares of one hundred
dollars each, and be deemed personal property and transferable on the

THIRTY-EIGHTH CONGRESS. Sess. I. Oh. 106- 1864

108

books of the association in such maimer as may be prescribed in the by-
laws or articles of association ; and every person becoming a shareholder
by such transfer shall, in proportion to his shares, succeed to all the rights Transfer,
and liabilities of' the prior holder of such shares, and no change shall Rights of ex-
be made in the articles of association by which the rights, remedies, or isting creditors
security of the existing creditors of the association shall be impaired. ^j^i, im ~
The shareholders of each association formed under the provisions of this
act, and of each existing bank or banking association that may accept the
provisions of this act, shall be held individually responsible, equally and Jndhidual lia-
ratably, and not one for another, for all contracts, debts, and engagements t>illt ^*
of such association to the extent of the amount of their stock therein at
the par value thereof, in addition to the amount invested in such shares ;
except that shareholders of any banking association now existing under
state laws, having not less than five millions of dollars of capital actually
paid in, and a surplus of twenty per centum on hand, both to be deter-
mined by the comptroller of the currency, shall be liable only to the amount
invested in their shares $ and such surplus or twenty per centum shall be
kept undiminished, and be in addition to the surplus provided for in this
act; and if at any time there shall be a deficiency in said surplus of
twenty per centum, the said banking association shall not pay any divi-
dends to its shareholders until such deficiency shall be made good ; and
in case of such deficiency, the comptroller of the currency may compel said
banking association to close its business and wind up its affairs under the
provisions of this act. And the comptroller shall have authority to with- When comp-
hold from an .association his certificate authorizing the commencement of ^d^Scate 11 "
business, whenever he shall have reason to suppose that the shareholders 1 08
thereof have formed the same for any other than the legitimate objects
contemplated by this act

Sec* 13. And be it further enacted, That it shall be lawful for any asso- a Increase of cap-
ciation formed under this act, by its articles of association, to provide for an ital 8tock *
increase of its capital from time to time, as may be deemed expedient, sub-
ject to the limitations of this act : Provided, That the maximum of such Maximum,
increase in the articles of association shall be determined by the comptrol-
ler of the currency ; and no increase of capital shall be valid until the
whole amount of such increase shall be paid in, and notice thereof shall
have been transmitted to the comptroller of the currency, and his certifi-
cate obtained specifying the amount of such increase of capital stock, with
his approval thereof, and that it has been duly paid in as part of the capi-
tal of such association. And every association shall have power, by the
vote of shareholders owning two thirds of its capital stock, to reduce the
capital of such association to any sum not below the amount required by
this act, in the formation of ^associations : Provided, That by no such re- Minimum,
duction shall its capital be brought below the amount required by this act
for its outstanding circulation, nor shall any such reduction be made until
the amount of the proposed reduction has been reported to the comptroller
of the currency and his 1 approval thereof obtained.

Sbc. 14, And be it further enacted. That at least* fifty per centum of ^™ oa " t fi 5^ be
the capital stock of every association shall be paid in before it shall be commencing
authorized to commence business ; and the remainder of the capital stock business,
of such association shall be paid in instalments of at least ten per centum Remainder, ^
each on the whole amount of the capital as frequently as one instalment to 1)6 p
at the end of each succeeding month from the time it shall be authorized
by the comptroller to commence business ; and the payment of each instal-
ment shall be certified to the comptroller, under oath, by the president or
cashier of the association.

Sec* 15. And be it further 'enacted, That if any shareholder, or his as- Proceedings,
signee, shall fail to pay any instalment on the stock when the same is re- ^f^ old . er
quired by the foregoing section to be paid, the directors of such associa- stehnentaf
tion may sell the stock of such delinquent shareholder at public auction,

104 THIRTY-EIGHTH CONGRESS. Sess. L Ch. 106. 1864.

Stock of delia- having given three weeks* previous ndtice thereof in a newspaper pub*
Sofderatobe Hshed and of general circulation in die city or county where the association
sold. is located, and if no newspaper is published in said city or county, then in

a newspaper published nearest thereto, to any person who will pay the
highest price therefor, and not less than the amount then due thereon,
with the expenses of advertisement and sale ; and the excess, if any, shall
be paid to the delinquent shareholder. If no bidder can be found who
will pay for such stock the amount due thereon to the association, and the
cost of advertisement and sale, the amount previously paid shall be for-
feited to the association, and such stock shall be sold as the directors may
order, within six month* from the time of such forfeiture, and if not sold it
shall be cancelled and deducted from the capital stock of the association ;
and if such cancellation and reduction shall reduce the capital of the asso-
ciation below the minimum of capital required by this act, the capital
stock shall, within thirty days from the date of such cancellation, be in-
creased to the requirements of the act ; in default of which a receiver
may be appointed to close up the business of the association according to
the provisions of the fiftieth section of this act

re^£red S bori(L ^ E0 * ^ ^ J^ trt ^ er That every association, after having

to^be deposited complied with the provisions of this act, preliminary to the commence-
with treasurer to ment of banking business under its provisions, and before it shall be
to omBtSrd cJ 'the autnor * ze ^ to commence business, shall transfer and deliver to the treas-
capital stock. urer of the United States any United States registered bonds bearing in-
terest to an amount not less than thirty thousand dollars nor less than
one third of the capital stock paid in, which bonds shall be deposited with
the treasurer of the United States and by him safely kept in his office
until the same shall be otherwise disposed of, in pursuance of the pro-
visions of this act ; and the* Secretary of the Treasury is hereby author-
ized to receive and cancel any United States coupon bonds, and to issue
in lieu thereof registered bonds of like amount, bearing a like rate of
interest, and having the same time to ran ; and the deposit of bonds shall
be, by every association, increased as its capital may be paid up or in-
Deposit to be creased, so that every association shall at all times have on deposit with
increased; tne treasurer registered United States bonds to the amount of at least

one third of its capital stock actually paid in : Provided, That nothing in
maybedimin- this section shall prevent an association that may desire to reduce its
capital or to close up its business and dissolve its organization from taking
up its bonds upon returning to the comptroller its circulating notes in the
proportion hereinafter named in this act, nor from taking up any excess
of bonds beyond one third of its capital stock, and upon which no circulat-
ing notes have been delivered.
Comptroller to Seo« 17. And be it farther enacted. That whenever a certificate shall
termtaeVassoclZ have been transmitted to the comptroller of the currency, as provided in
ation can com- this act, and the association transmitting the same shall notify the comp-
mence business, troller that at leaBt fifty per centum of its capital stock has been paid in

as aforesaid, and that such association has complied with all the provis-
ions of this act as required to be complied with before such association
shall be authorized to commence the business of banking, the comptroller
shall examine into the condition of such association, ascertain especially
the amount of money paid in on account of its capital, the name and place
of residence of each of the directors of such association, and the amount
of the capital stock of which each is the bona fide owner, and generally
whether such association has complied with all the requirements of this
act to entitle it to engage in the business of banking; and shall cause to
be made and attested by the oaths of a majority of the directors and by
the president or cashier of such association, a statement of all the facts
necessary to enable the comptroller to determine whether such association
is lawfully entitled to commence the business of banking under this act
Sec. 18. And be it further enacted, That if, upon a careful examination

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 106. 1864.

105

of the facts so reported, and of any other facts which may come to the W£ e £^o c fci-
knowledge of the comptroller, whether by means of a special commission titled to coni- Cn ~
appointed by him for the purpose of inquiring into the condition of such raence business,
association, or otherwise, it shaU appear that such association is lawfully
entitled to commence the business of banking, the comptroller shall give
to such association a certificate, under his hand and official seal, that such
association has complied with all the provisions of this act required to be
complied with before being entitled to commence the business of banking
under it, and that such association is authorized to commence said busi-
ness accordingly ; and it shall be the duly of the association to cause said
certificate to be published in some newspaper published in the city or Certificate to
county where the association is located for at least sixty days next after be published,
the issuing thereof: Provided, That if no newspaper is published in such
city or county the certificate shall be published in a newspaper published
nearest thereto.

Sbc. 19* And be it further enacted, That all transfers of United States Transfers of
bonds which shall be made by any association under the provisions of $3o?5b?IJSs
this act shall be made to the treasurer of the United States in trust for to the treasurer
the association, with a memorandum written or printed on each bond, and in trust,
signed by the cashier or some other officer of the association making the
deposit, a receipt therefor to be given to said association, or by the comp-
troller of the currency, or by a clerk appointed by him for that purpose, fi0W executed*
stating that it is held in trust for the association on whose behalf such
transfer is made, and as security for the redemption and payment of any
circulating notes that have been or may be delivered to such association*
No assignment or transfer of any such bonds by the treasurer shall be
deemed, valid or of binding force and effect unless countersigned by the
comptroller of the currency* It shall be the duty of the comptroller of
the currency to keep in his office a book in which shall be entered the Comptroller to
name of every association from whose accounts such transfer of bonds is ^^ i t ^ sfer
made by the treasurer, and the name of the party to whom such transfer
is made ; and the par value of the bonds so transferred shall be entered
therein ; and it shall be the duty of the comptroller* immediately upon
countersigning and entering the same, to advise by mail the association
from whose account such transfer was made of the kind and numerical
designation of the bonds and the amount thereof so transferred.

Sec* 20. And be it further enacted, That it shall be the 'duty of the Transfers to be
comptroller of the currency to countersign and enter in the book, in the
manner aforesaid, every transfer or assignment of any bonds held by the
treasurer presented for his signature ; and the comptroller shall have at
all times during office hours access to the books of the treasurer, for the Books to be
purpose of ascertaining the correctness of the transfer or assignment pre- accessible,
sented to him to countersign ; and the treasurer shall have the like access
to the book above mentioned, kept by the comptroller, during office hours,
to ascertain the correctness of the entries in the same ; and the comptrol-
ler shall also at all times have access to the bonds on deposit with the
treasurer, to ascertain their amount and condition.

Sec. 21. And be it further enacted. That upon the transfer and de- Associations,
livery of bonds to the treasurer, as provided in the foregoing section, the ^^^^| r ^
association making the same shall be entitled to receive from the comp- culattng notes.
trailer 1 of the currency circulating notes of different denominations, in
blank, registered and countersigned as hereinafter provided, equal in p^^gs*
amount to ninety per centum of the current market value of the United
States bonds so transferred and delivered, but not exceeding ninety per Limit of
centum of the amount of said bonds at the par value thereof, if bearing amount,
interest at a rate not less than five per centum per annum ; and at no
time shall the total amount of such notes, issued to any such association,
exceed the amount at such time actually paid in of its capital stock.

Sec 22. And be it farther enacted, That the entire amount ot notes

106

THIRTY-EIGHTH CONGRESS. Sess- L Ch. 106. 1864

Entire circu^- for circulation to he issued under this act shall not exceed three hundred
^"ooioSfc millions of dollars. la order to furnish suitable notes for circulation, the
1 ' * comptroller of the currency is hereby authorized and required, under the
v Comptroller to direction of the Secretary of the Treasury, to cause plates and dies to be
prepare the notes, engraved, in the best manner to guard against counterfeiting and fraudu-
lent alterations, and to have printed therefrom, and numbered, such quan-
Denominations. tity of circulating notes, in blank, of the denominations of one dollar, two
dollars, three dollars, five dollars, ten dollars, twenty dollars, fifty dollars,
one hundred dollars, five hundred dollars, and one thousand dollars, as
may be required to supply, under this act, the associations entitled to
Notes to ex- receive the same ; which notes shall express upon their face that they are
press what. secured by United States bonds, deposited with the treasurer of the

United States by the written or engraved signatures of the treasurer and
register, and by the imprint of the seal of the treasury ; and shall also
express upon their face the promise of the association receiving the same*
to pay on demand, attested by the signatures of the president or vice-
Devices, president and cashier. And the said notes shall bear such devices and
such other statements, and shall be in such form, as the Secretary of the
Treasury shall, by regulation, direct: Provided, That not more than one
sixth part of the notes furnished to an association shall be of a less denom-
tfotes voider inatfcm than five dollars, and that after specie payments shall be resumed
$&* no association shall be furnished with notes of a less denomination than

five dollars.

When notes Sec. 25\ And be it farther enacted, That after any such association
lated as money; 8Da ^ caused its promise to pay such notes on demand to be signed

by the president or vice-president and cashier thereof, in such manner as
to make them obligatory promissory notes, payable on demand, at its place
of business, such association is hereby authorized to issue and circulate
to be received the same as money ; and the same shall be received at par in all parts of
cept, &C? *' *** t° e United States in payment of taxes, excises, public tends, and all other

dues to the United States, except for duties on imports ; and ajso for all
salaries and other debts and demands owing by the United States to indivi-
duals, corporations, and associations within the United States, except interest
on the public debt, and in redemption of the national currency. And no
P^tittotesj&c., sucn association shall issue post notes or any other notes to circulate as
not to be issued. mone y than such as are authorized by the foregoing provisions of this

act.

Worn-out and Sec. 24 And he it farther enacted. That it shall be the duty of the
mutilated notes, comptroller of the currency to receive worn-out or mutilated circulating

notes issued by any such banking association, and also, on due proof of
the destruction of any such circulating notes, to deliver in place thereof
to such association other blank circulating notes to an equal amount.
And such worn-out or mutilated notes, after a memorandum shall have
been entered in the proper books, in accordance with such regulations as
may be established by the comptroller, as well as all circulating notes
which shall have been paid or surrendered to be cancelled, shall be burned
to ashes in presence of four persons, one to be appointed by the Secretary
of the Treasury, one by the comptroller of the currency, one by the
treasurer of the United States, and one by the association, under such
regulations as the Secretary of the Treasury may prescribe. . And a cer-
tificate of such burning, signed by the parties so appointed, shall be made
in the books of the comptroller, and a duplicate thereof forwarded to the
association whose notes are thus cancelled.
Associations to Sec. 25. And be it farther enacted, That it shall be the duty of every
lyi^on^de?" ^"^S association having bonds deposited in the office of the treasurer
posited, and of the United States, once or oftener in each fiscal year, and at such time
make certificate, or times during the ordinary business hours as said officer or officers may

select, to examine and compare the bonds so pledged with the books of
the comptroller and the accounts of the association, and, if found correct,

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 106. 1864

107

to execute 1o the said treasurer a certificate setting forth the different Excitation of
kinds and the amounts thereof, and that the same are in the possession a ond *
and custody of the treasurer at the date of such certificate. Such exam-
ination may be made by an officer or agent of such association, duly
appointed in writing for that purpose, whose certificate before mentioned
shall be of like force and validity as if executed by such president or
cashier ; and a duplicate signed by the treasurer shall be retained by the
association.

Sbo. 26. And be it further mooted, That the bonds transferred to and , ^P^t^,
deposited with the treasurer of the United States, as hereinbefore pro- exclusively to
Tided, by any banking association for the security of its circulating notes, secure circnla-
shall be held exclusively for that purpose, until such notes shall be tioiu
redeemed, except as provided in ( this act ; but the comptroller of the cur- Provision as to
rency shall give to any such banking association powers of 'attorney to interest
receive and appropriate to its own use the interest on the bonds which it
shall have so transferred to the treasurer; but such powers shall become
inoperative whenever such banking association shall fail to redeem its
circulating* notes as aforesaid. Whenever the market or cash value of If bonds de-
any bonds deposited with the treasurer of the United States, as afore- P^ ate > fJJjS
said, shall be reduced below the amount of the circulation issued for the * <KK ^
same, the comptroller of the currency is hereby authorized to demand and
receive the amount of such depreciation in other United States bonds at
cash value, or in money, from the association receiving said bills, to be
deposited with the treasurer of the United States as long as such depre-
ciation continues* And said comptroller, upon the terms prescribed by
the Secretary of the Treasury, may permit an exchange to be made of Bonds may be
any of the bonds deposited with the treasurer by an association for other exchanged, 4
bonds of the. United States authorized by this act to be received as seen- ^
rity for circulating notes, if he shall be of opinion that such an exchange
can be made without prejudice to the United States, and he may direct
the return of any of said bonds to the banking association which transferred
the same, in sums of not less than one thousand dollars, upon the surren- celU^onoTe^
der to him and the cancellation of a proportionate' amount of such cir- culating notes,
culating notes : Provided, That the remaining bonds which shall have Proviso,
been transferred by the banking association offering to surrender circulat-
ing notes shall be equal to the amount required for the circulating notes
not surrendered by such banking association, and that the amount of bonds
in the bands of the treasurer shall not be diminished below the amount
required to be kept on deposit with him by this act: And provided. That
there shall have been no failure by such association to redeem its cir-
culating notes, and no other violation by such association of the provis-
ions of this act, and that the market or cash value of the remaining bonds
shall not be below the amount required for the circulation issued for the
same.

Sec. 27. And be it /farther enacted, That it shall be unlawful for any Th e counter
officer acting under the provisions of this act to countersign or deliver to signing and de~
any association, or to any other company or person, any circulating notes £tS«note^ <m "
contemplated by this act, except as hereinbefore provided, and in accord- except as per-
ance with the true intent and meaning of this act. And any officer who fitted by this
shall violate the provisions of this section shall be deemed guilty of a high f°fc nmde u .
misdemeanor, and on conviction thereof shall be punished by fine not Penalty,
exceeding double the amount so countersigned and delivered, and im-
prisonment not less than one year and not exceeding fifteen years, at the
discretion of the court in which he shall be tried.

Sec. 28. And be it further enacted, That it shall be lawful for any Associations
such association to purchase, hold, and convey real estate as fol- ]W. ho J^"£
lows: — * St?" 1

First. Such as shall be necessary, for its immediate accommodation in
the transaction of its business.

108 THIRTY-EIGHTH CONGRESS* Sess.I Ch. 106. 1864.

Beal estate. Second. Such as shall be mortgaged to it in good faith by way of secu-
rity for debts previously contracted.

Third. Such as shall be conveyed to it in satisfaction of debts previously
contracted in the course of its dealings*

Fourth. Such as* it shall purchase at sales under judgments, decrees,
or mortgages held by such association, or shall purchase to secure debts
due to said association.

Such associations shall not purchase or hold real estate in any other
case or for any other purpose than as specified in this section. Nor shall
it hold the possession of any real estate under mortgage, or hold the title

and possession of any real estate purchased" to secure any debts due to it

for a longer period than five years*
Nopereon.&c, Sec. 29. And be it further enacted, That the total liabilities to any
for association, of any person, or of any company, corporation, or firm for
more than, &c. money borrowed, including in the liabilities of a company or firm the

liabilities of the several members thereof, shall at no time exceed one
tenth part of the amount of the capital stock of such association actually
Certain die- paid in: Provided, That the discount of bona fide bills of exchange
tacS&ded?* to drawn against actually existing values, and the discount of commercial or

business paper actually owned by the person or persons, corporation, or
firm negotiating the same shall not be considered as money borrowed.
Bate of inter* Sec* 80. And be U further enacted, That every association may take,
^ receive, reserve, and charge on any loan or discount made, or upon any

note, bill of exchange, or other evidences of debt, interest at the rate
allowed by the laws of the state or territory where the bank is located,
and no more, except that where by the laws of any state a different rate
is limited for banks of issue organized understate laws, the rate so limited
shall be allowed for associations organized in any such state under this act
And when no rate is fixed by the laws of the state or territory, the bank
may take, receive, reserve, or charge a rate not exceeding seven per
centum, and such interest may be taken in advance, reckoning I the days
Penalty for for which the note, bill, or other evidence of debt has to run* And the
taking^greater knowingly taking, receiving, reserving, or charging a rate of interest

greater than aforesaid shall beheld and adjudged a forfeiture of the entire
interest which the note, bill, or other evidence of debt carries with it, or
which has been agreed to be paid thereon* And in case a greater rate of
interest has been paid, the person or persons paying the same, or their
legal representatives, may recover back, in any action of debt, twice the
amount of the interest thus paid from the association taking or receiving
Actt °iwedfai ^ e8 &ni© J Provided, That such action is commenced within two years
toroyears. from the time the usurious transaction occurred. But the purchase, dis-
count, or sale of a bona fide bill of exchange, payable at another place
than the place of such purchase, discount, or sale, at not more than the
current rate of exchange for sight drafts in addition to the interest, shall
not be considered as taking or receiving a greater rate of interest.
Amount of Sbo. 31* And be it further enacted, That every association in the
money 4o be kept cities hereinafter named shall, at all times, have on hand, in lawful money
on of the United States, an, amount equal to at least twenty-five per centum

of the aggregate amount of its notes in circulation and its deposits ; and
every other association shall, at all times, have on hand, in lawful money
of the United States, an amount equal to at least fifteen per centum of
the aggregate amount of its notes in circulation, and of its deposits. And
whenever the lawful money of any association in any of* the cities here-
inafter named shall be below the amount of twenty-five per centum of its
circulation and deposits, and whenever the lawftri money of any other
association shall be below fifteen per centum of its circulation and de-
^l^flj^not posits, such associations shall not increase its liabilities by making any
until resem is new * oans or 'discounts otherwise than by discounting or purchasing bilk
made good* of exchange payable at sight, nor make any dividend of its profits until

THIRTY-EIGHTH OONGKESS. Sess- I. . Ch. 106. 1864

109

the required proportion between the aggregate amount of its outstanding
notes of circulation and deposits and its lawful money of the United
States shall be restored: Provided, That three fifths of said fifteen per de-
centum may consist of balances due to an association available for the SptionoTcir-
redemption of its circulating notes from associations approved by the culatton in cer-
comptroller of the currency, organized under this act^ in the cities of i*^^ 9 10 bc
Saint Louis, Louisville, Chicago, Detroit, Milwankie, New Orleans, Cin-
cinnati, Cleveland,' Pittsburg, Baltimore, Philadelphia, Boston, New York,
Albany, Leavenworth, San Francisco, and Washington City : Provided,
also, That clearing-house certificates, .representing specie or lawful money Clearinghouse
specially deposited for the purpose of any clearing-house association, SmedVa^l
shall be deemed to be lawful money in the possession of any association money for this
belonging to such clearing-house holding and owning such certificate, and purpose,
shall be considered to be a part of the lawful money which such associa-
tion is required to have under the foregoing provisions of this section :
Provided, That the cities of Charleston and Richmond may be added to Charleston and
the list of cities in the national associations of which other associations Richmond,
may keep three fifths of their lawful money, whenever, in the opinion of
the comptroller of the currency, the condition of the southern states will
warrant it. And it shall be competent for the comptroller of the currency
to notify any association, whose lawful money reserve as aforesaid shall jf association
be below the amount to be kept 'on hand as aforesaid, to make good such fails, after notice,
reserve ; and if such association shall fail for thirty days thereafter so to S 00 * lts
make good its reserve of lawful money of the United States, the comp-
troller may, with the concurrence of the Secretary of the Treasury, ap-
point a receiver to wind up the business of such association, as provided
in this act

Sec. 32. And be it farther enacted. That each association organized Circulation to
in any of the cities named in the foregoing section shall select, subject to be redeemed in
the approval pf the comptroller of the currency, an association in the ^ew York at par.
city of New York, at which it will redeem its circulating notes at par.
And each of such associations may keep one half of its lawful money
reserve in cash deposits in the city of New York* And each association Certain assocl-
not organized within the cities named in the preceding section shall select, rltemp-
subject to the approval of the comptroller of the currency, an association Son of tircula-
in either of the cities named in the preceding section at which it will
redeem its circulating notes at par, and the comptroller shall give public
notice of the names of the associations so selected at which redemptions
are to be made by the respective associations, and of any change that may
be made of the association at which the notes of any association are re-
deemed, ^ If any association shall fail either to make the selection or to Proceedings la
redeem its notes as aforesaid, the comptroller of the currency may, upon 0886 of feUnre.
receiving satisfactory evidence thereof, appoint a receiver, in the manner
provided for in this act, to wind up its affairs : Provided, That nothing in
this section shall relieve any association from its liability to redeem its
circulating notes at its own counter, at par, in lawful money, on demand :
4nd provided, further, That every association formed or existing under Each assoda-
the provisions of this act shall take and receive at par, for any debt or ti ? D *t° take °? tes
liability to said association, any and all notes or bills issued by any asso- « *» era880C,a -
ciation existing under and by virtue of this act.

Sec. 33. And be it jfurther enacted, That the directors of any asgocia- Dividends,
tion may, semi-annually, each year, declare a dividend of so much of the
net* profits of the association as they shall judge expedient ; but each
association shall, before the declaration of a dividend, carry one tenth part
of its net* profits of the preceding half year to its surplus fund until the- Sj^luTfimds.
same shall amount to twenty per centum of its capital stock.

Sec. 34 And be it farther enacted, That every association shall make Associations to
to the comptroller of the currency a report, according to the form which JSS?* e 2"t
may be prescribed by him, verified by the oath or affirmation of the pres- W*™* 1 *

vol.. xiii. Pub. — 10

I
I

110

THIRTY-EIGHTH CONGRESS. Sess. I Ch. 106. 1864

Contents of re- ident or cashier of such association ; which report shall exhibit in detail,
and under appropriate heads, the resources and liabilities of the associa-
tion before .the commencement of business on the morning of the first
Monday of the months of January, April, July, and October of each year,
and shall transmit the same to the comptroller within five days thereafter.
And any bank failing to make and transmit such report shall be subject
Penalty for to a penalty of one hundred dollars for each day after five days that such
foiling to report. reDOr t | s delayed beyond that time. And the comptroller shall publish

abstracts of said reports in a newspaper to be designated by him for that
Comptroller to purpose in the city of Washington, and the separate report of each asso-
pnblfch abstracts. ciation shall u ^ikbed in a newspaper in the place where such associ-
ation is established, or if there be no newspaper at such place, then in a
newspaper published at the nearest place thereto, at the expense of the
association making such report In addition to the quarterly reports
required by this section, every association shall, on the first Tuesday of
each month, make to the comptroller of the currency a statement, under
Monthly state- the oath of the president or cashier, showing the condition of .the associa-
ments. tion making such statement, on the morning of the day next preceding

the date of such statement, in respect to the following items and particu-
lars, to wit : average amount of loans and discounts, specie, and other
lawful money belonging to the association, deposits, and circulation* And
associations in other places than those cities named in the thirty-first
section of this act shall also return the amount due them available for
the redemption of their circulation.
Associations Sec. 35. And be it further enacted. That no association shall make
not to make any loan or discount on the security of the shares of its own capital stock,
sStT^ their nor the purchaser or holder of any such shares, unless such security
own stock, &c or purchase shall be necessary to prevent loss upon a debt previously

contracted in good faith ; and -stock so purchased or acquired shall, within
six months from the time of its purchase, be sold or disposed of at public
or private sale, in default of which a receiver may be appointed to close
up the business of the association, according to the provisions of this act.
Indebtedness Seo. 36. And be it further enacted, That no association shall at any
not to exceed time be indebted, or in any way liable, to an amount exceeding the
caP L& st0ck> amount of its capital stock at such time actually paid in and remaining
<*P«» ««♦ undiminished by losses or otherwise, except on the following accounts,

that is to say : —

First On account of its notes of circulation.

Second* On account of moneys deposited with, or collected by, such
association.

Third. On account of bills of exchange or drafts drawn against money
actually on deposit to the credit of such association, or due thereto.

Fourth. On account of liabilities to its stockholders for dividends and
reserved profits.

Associations Sec. 37. And be it farther enacted, That no association shall, either
not to nypotbe- directly or indirectly, pledge or hypothecate any of its notes of circulation,
notesffor for th( * purpose of procuring money to be paid in on its capital stock, or
' * to be used in its banking operations, or otherwise ; nor shall any associa-
tion use its circulating notes, or any part thereof, in any manner or form,
to create or increase its capital stock,
not to with* Sec. 38. And be it further enacted, That no association, or any mem-
draw any portion fc er thereof, Shall, during the time it shall continue its banking operations,
of their capital. or perm i t to be withdrawn, either in form* of dividends or

losses. otherwise, any p6rtion of its capital And if losses shall at any time
have been sustained by any such association equal to or exceeding its
undivided profits then on hand, no dividend shall be made; and no divi-
dend shall ever be made by any association, while it shall continue its
banking operations, to an amount greater than its netl profits then on hand,
Bad debts. deducting therefrom its losses and bad debts. And all debts due to any

THIRTY-EIGHTH CONGEESS. Sess.I. Ch. 106. 1864 111

*

association, on which interest is past due and unpaid for a period of six de ^£ toj*
months, unless the same shall be well secured, and shall be in process of debts,
collection, shall be considered bad debts within the meaning of this act :
Provided, That nothing in this section shall prevent the reduction of the
capital stock of the association under the thirteenth section of this act.

Sec* 39. And be it further enacted. That no association shall at any Association*
time pay out on loans or discounts, or in purchasing drafts or bills of JJJtSiXwI!*
exchange, or in payment of deposits, or in any other mode pay or put in
circulation the notes of any bank or banking association which shall not,
at any such time, be receivable, at par, on deposit and in payment of
debts by the association so paying out or circulating such notes; nor
shall it knowingly pay out or put in circulation any notes-issued by any
bank or banking association which at the time of such paying out or
putting in circulation is not redeeming its circulating notes in lawful
money of the United States*

Sec. 40. And be it further enacted, That the president and cashier of List of names
every such association shall cause to be kept at all times a full and correct Iharentwmto
list of the names and residences of all the shareholders in the association, be kept;
and the number of shares held by each) in the office where its business is
transacted ; and such list shall be subject to the inspection of all the share- . to be subject to
holders and creditors of the association, and the officers authorized to 108760 '
assess taxes under state authority, during business hours of each day in
which business may be legally transacted ; and a copy of such list, on
the first Monday of July in each year, verified by the oath of such pres- to 1 5 e Jf nt to
ident or cashier, shall be transmitted to the comptroller of the currency. comp er

Sec* 41* And be U further enacted. That the plates and special dies comptroller to
to be procured by the comptroller of the currency for the printing of such keep control of
circulating notes shall remain under his control and direction, and the g^ es and s P ecial
expenses necessarily incurred in executing the provisions of this act
respecting the procuring of such notes, and all other expenses of the Expenses to be
bureau, shall be paid out of the proceeds of the taxes or duties now or {g|J£ by a880cia "
hereafter to be assessed on the circulation, and collected from associations
organized under this act* And in lieu of all existing taxes, every asso-
ciation shall pay to the treasurer of the United States, in the months of
January and July, a duty of one half of one per centum each half year Duty upon dr-
from and after the first day of January, eighteen hundred and sixty-four, eolation, de-
upon the average amount of its notes in circulation, and a duty of one taTstoc^tobe
quarter of one per centum each half year upon the average amount of its paid semi-an-
deposits, and a duty of one quarter of one ner centum each half year, as nualI v«
aforesaid, on the average amount of its capital stock- beyond the amount
invested in United States bonds ; and in case of default in the payment
thereof by any association, the duties aforesaid may be collected in the
manner provided for the collection of United States duties of other cor- How collected,
porations, or the treasurer may reserve the amount of said duties out of *j[ paid in
the interest, as it may become due, on the bonds deposited with him by
such defaulting association. And it shall be the duty of each association,
within ten days from the first days of January and July of each year, to
make a return, under the oath of its president or cashier, to the treasurer Return of cir-
of the United States, in such form as he may prescribe, of the average {^^ade!^' *°
amount of its notes in circulation, and of the average amount of its de-
posits, and of the average amount of its capital stock, beyond the amount
invested in United States bonds, for the six months next preceding said
first days of January and July as aforesaid, and in default of such return, penalty for de-
and for each default thereof, each defaulting association shall forfeit and pay fault
to the United States the sum of two hundred dollars, to be collected either
out of the interest as it may become due such association on the bonds
deposited with the treasurer, or, at his option, in the manner in which
penalties are to be collected of other corporations under the laws of the
United States j and in case of such default the amount of the duties to be

112

THIRTY-EIGHTH CONGRESS- Sess. L Ch. 106, 1864.

Shares not
hereby exempted
from taxation by
state authority*

Limit of state
tax.

Real estate to
be taxed.

How associa-
tions may be
closed.

Proceedings,

Treasurer to
execute duplicate
receipts.

Redeemed
notes to be mu-
tilated, &c

State banks
may become na-
tional associa-
tions.

paid by such association shall be assessed upon the amount of notes de-
livered to such association by the comptroller of the currency, and upon
the highest amount of its deposits and capital stock, to be ascertained in
such other manner as the treasurer may deem best : Provided, That noth-
ing in this act shall be construed to prevent all the shares in any of the said
associations, held by any person or body corporate, from being included
in the valuation of the personal property of such person or corporation in
the assessment of taxes imposed by or under state authority at the place
where such bank is located, and not elsewhere, but not at a greater rate
than is assessed upon other moneyed capital in the hands of individual
citizens of such state : Provided, farther. That the tax so imposed under
the laws of any state upon the shares of any of the associations authorized
by this act shall not exceed the rate imposed upon the shares in any of
the banks organized under authority of the state where such association
is located : Provided, also, That nothing in this act shall exempt the real
estate of associations from either state, county, or municipal taxes to the
same extent, according to its value, as other real estate is taxed.

Sec* 42. And be it farther enacted, That any association may go
into liquidation and be closed by the vote of its shareholders owning two
thirds of its stock. And whenever such vote shall be taken it shall be
the duty of the board of directors to cause notice of this fact to be certi-
fied, under the seal of the association, by its president or cashier, to the
comptroller of the currency, and publication thereof to be made for a
period of two months in a newspaper published in the city of New York,
and also in a newspaper published in a city or town in which the associa-
tion is located, and if no newspaper be there published, then in the news-
paper published nearest thereto, that said association is closing up its
affairs, and notifying the holders of its notes and other creditors to present
the notes and other claims against the association for payment And at
any time after the expiration of one year from the time of the publication
of such notice as aforesaid, the said association may pay over to the
treasurer of the United States the amount of itstratstandfng notes in the
lawful money of the United States, and take up the bonds which said
association has on deposit with the treasurer for the security of its circu-
lating notes; which bonds shall be assigned to the bank in the manner
specified in the nineteenth section of this act, and from that time the out-
standing notes of said association shall be redeemed at the treasury of
the United States, and the said association and the shareholders thereof
shall be discharged from all liabilities therefor.

Sec. 43/ And be it further enacted; That the treasurer, on receiving
from an association lawful money for the payment and redemption of its
outstanding notes, as provided for in the preceding section of this act,
shall execute duplicate receipts therefor, one to the association and the
other to the comptroller of the currency, stating the amount received by
him, and the purpose for which it has been received, which amount shall
be paid into the treasury of the United States, and placed to the credit
of such association upon redemption account. And it shall be the duty
of the treasurer, whenever he shall redeem any of the notes of said asso-
ciation, to cause the same to be mutilated, and charged to the redemption
account of said association ; and all notes so redeemed by the treasurer
shall, every three months, be certified to and burned in the manner pre-
scribed in the twenty-fourth section of this act

Sec. 44. And be U farther enacted, That any bank* incorporated by
special law, or any banking institution organized under a general law of
any state, may, by authority of this act, become a national association
under its provisions, by the name prescribed in its organization certifi-

bankinj&r

THIRTY-EIGHTH CONGRESS. Sess.1. Ch. 106. 1864.

113

clare that the owners of two thirds of the capital stock have authorized
the directors to make sach certificate and to change and convert the said
bank or banking institution into a national association under this act.*
And a majority of the directors, after executing said articles of associa- ? ode of pro "
tion and organization certificate, shall have power to execute all other 06
papers, and to do whatever may be required to make its organization
perfect and complete as a national association. The shares of any such
bank may continue to be for the same amount each as they were before
said conversion, and the directors aforesaid may be the directors of the
association until others are elected or appointed in accordance with the
provisions of this act ; land any state bank which is a stockholder in any
other bank, by authority of state 1 laws, may continue to hold its stock,
although either bank, or both, may be organized under and have accepted
the provisions of this act When the comptroller shall give to such
association a certificate, under his hand and official seal, that the pro-
visions of this act have been complied with, and that it is authorized to
commence the business of banking under it, the association shall have
the same powers and privileges, and shall be subject to the same duties,
responsibilities, and rules, in all respects as are prescribed in this act for
other associations organized under it, and shall be held and regarded as
an association under this act : Provided, however, That no such associa-
tion shall have a less capital than the amount prescribed for banking
associations under this act *

Sec 45. And be it farther enacted, That all associations under this Associations,
act, when designated for that purpose by the Secretary of the Treasury, 80 des ^
shall be depositaries of public money, except receipts from customs, under depositaries of
such regulations as may be prescribed by the Secretary ; and they may public moneys,
also be employed as financial agents of the government ; and they shall exce Pt>
perform all such reasonable duties, as depositaries of public moneys and .maybefinan*
financial agents of the government, as may be required of them. And a S eiate *
the Secretary of the Treasury shall require of the associations thus Designated de-
designated satisfactory security, by the deposit of United States bonds positanes to pay
and otherwise, for the safe-keeping and prompt payment of the public pw»pt$r*
money deposited with them, and for the faithful performance of their
duties as financial agents of the government: Provided) That every
association which shall be selected and designated as receiver or deposi- to receive no-
tary of the public money shall take and receive at par all of the national ^cmX currency *
currency- bills, by whatever association issued, which have been paid in par *
to the government for internal revenue, or for loans or stocks.

Sec, 46. And be it further enacted, That if any such association shall * f associations
at any time fail to redeem, in the lawful money of the United States, any t&eirc^lation,
of its circulating notes, when payment thereof shall be lawfully demanded, the notes mav ii
daring the usual hours of business, at the office of such association, or at guested, unless,
its place of redemption aforesaid, the holder may cause the same to be
protested, in one package, by a notary-public, unless the president or
cashier of the association whose notes are presented for payment, or the
president or cashier of the association at the place at which they are
redeemable, shall offer to waive demand and notice of the protest, and Notice of pro*
shall, in pursuance of such offer, make, sign, and deliver to the parly test, &c., toSe
malting such demand an admission in writing, stating the time of the comptroller?
demand, the amount demanded, and the foot of the non-payment thereof ;
and such notary-public, on making such protest, or upon receiving such
admission, shall forthwith forward such aefinission or notice of protest to
the comptroller of the currency, retaining a copy thereof. And after such Association not
default, on examination of the foots by the comptroller, and notice by him J?^^ ^®
to the association, it shall not be lawful for the association suffering the &c '
same to pay out any of its notes, discount any notes or bills, or otherwise
prosecute the business of banking, except to receive and safely keep
money belonging to it, and- to deliver special deposites : Provided, That if

10*

«

114

THIRTY-EIGHTH CONGRESS. Sbss. L Ch. 106, 1864.

^^tc« not to be satisfactory proof he produced to such notary-public that the payment of
gmtot^in cer- ftny notes jg restrained by order of any court of competent jurisdic-
tion, such notary-public shall not protest the same ; and when the holder
of such notes shall cause more thai* one note or package to be protested
Pees of notary, on the same day, he shall not receive pay for more than one protest
Upon notice Sec. 47. And be it further enacted. That on receiving notice that any
of fa Hare to re- such association has failed to redeem any of its circulating notes, as sped*
deem circulation, fi e( j j Q the next preceding section, the comptroller of the currency, with
SftSu the concurrence of the Secretary of the Treasury, may appoint a special
agent to ascertain agent (of whose appointment immediate notice shall be given to such
feot8 » association) who shall immediately proceed to ascertain whether such

association has refused to pay its circulating notes in the lawful money of
the United States, when demanded as aforesaid, and report to the comp-
troller the met so ascertained $ and if, from such protest or the report so
made, the comptroller shall be satisfied that such association has refused
to pay its circulating notes as aforesaid and is in default, he shall, within
•wben to do- thirty days after he shall have received notice of such failure, declare the
forfeit^ uritieS United States bonds and securities pledged by such association forfeited
' to the United -States, and the same shall thereupon be forfeited accord-
to notify bold- ingly* And thereupon the comptroller shall immediately give notice in

present themfor suc ^ n** 11116 * ®* *° e Secretary of -the Treasury shall, by general rules or
payment, otherwise, direct, to the holders of the circulating notes of Such association

to present them for payment at the treasury of the United States, and
the same shall be paid as presented in lawful money of the United
to pay notes States; whereupon said comptroller may, in his discretion, cancel an
and cancel bonds, amount of bonds pledged by such association equal at current market

rates, not /exceeding par, to the notes paid. And it shall be lawful for the
Secretary of the Treasury, from time to time, to make such regulations
respecting the disposition to be made of such circulating notes after pre-
sentation thereof for payment as aforesaid, and respecting the perpetua-
tion of the evidence of the payment thereof as may seem to him proper ;
but all such notes, on being paid, shall be cancelled. And for any defi-
ciency in the proceeds of the bonds pledged by such association, when
disposed of as hereinafter specified, to reimburse to the United States the
States to^ave amount so expended in paying the circulating notes of such association,
priority of Hen the United States shall have a first and paramount lien upon all the

«L , n ^ffl!^Sf;« assets of such association; and such deficiency shall be made good out of
any deficiency ni . » n *««« •■• *

redemption of such assets in preference to any and all other claims whatsoever, except
circulation, the necessary costs and expenses of adminiatering the same.

Bonds pledged Sec. 48. And be it further enacted, That whenever the comptroller
besofda^mw^ 7 sna ^ 0660106 satisfied* as in the last preceding section specified, that any
tion; association has refused to pay its circulating Botes as therein mentioned,

he may, instead of 'Cancelling the United States bonds pledged by such
association, as provided in the next preceding section, cause so much of
them as may be necessary to redeem the outstanding circulating notes of
such association to be sold at public auction m the city of New York,
after giving thirty days' notice of such sale to such association,
or at private Sec. 49. And be it farther enacted, That the comptroller of the cur-
sale, rency may, if he shall be of opinion that the interests of the United

States will be best promoted thereby, sell at private sale any of the bonds
pledged by such association, and receive therefor either money or the
Vrovi&q. circulating notes of such failing association: Provided, That no such
bonds shall be sold by private sale for less than par, nor less than the
market value thereof at the time of sale : And provided, farther, That no
sales of any such bonds, either public or private, shall be complete until
the transfer thereof shall have been made with the formalities prescribed
in this act

Sec. 50. And be it further enacted, That on becoming satisfied, as
specified in this act, that any association 'has refused to pay its circulating

THIRTY-EIGHTH CONGRESS. Sbss.L Ch. 106. 1864

115

notes as therein mentioned, and is in default, the comptroller of the cur- Comptroller
rency may forthwith appoint a receiver, and require of him such bond JeSratTclose
and security as he shall deem proper, who, under the direction of the affairs ©f default-
comptroller, shall take possession of the books, records, and assets of as80ciation *
every description of such association, collect all debts, dues, and claims Bond and
belonging to such association, and, upon the order of a court of record of daties of receiver,
competent jurisdiction, may sell or compound all bad or doubtful debts,
and, on a like order, sell all the real and personal property of such asso-
ciation, on such terms as the court shall direct ; and may, if necessary to
pay the debts of such association, enforce the individual liability of the
stockholders provided for by the twelfth section of this act ; and such
receiver shall pay over all money so made to the treasurer of the United
States, subject to the order of the comptroller of the currency, and also
make report to the comptroller of the currency of all his acts and pro-
ceedings* The comptroller shall thereupon cause notice to be given, by
advertisement in such newspapers as he may direct, for three consecutive
months, calling on all persons who may have claims against such associa-
tion to present the same, and to make legal proof thereof And from
time to time the comptroller, after full provision shall have been first
made for refunding to the United States any such deficiency in redeem-
ing the notes of such association as is mentioned in this act, shall make a
ratable dividend of the money so paid over to him by such receiver on all
such claims as may have been proved to his satisfaction or adjudicated in
a court of competent jurisdiction ; and from time to time, as the proceeds
of the assets orsuch association shall be paid over to him, he shall make
further dividends, as aforesaid, on all claims previously proved or adjudi-
cated ; and the remainder of such proceeds, if any, shall be p id over to
the shareholders of such association, or their legal representatives, in
proportion to the stock by them respectively held: Provided, however, if association
That if such association against which proceedings have been so insti- denies that it has
tuted, on account of any alleged refusal to redeem its circulating notes as {^^w^j^
aforesaid, shall deny having failed to do so, such association may, at any apply to the"^
time within ten days after such association shall have been notified of courts for an in-
the appointment of an agent, as provided in this act, apply to the near- J 1 " 1 ^ 011 -
est circuit, or district, or territorial court of the United States, to enjoin
further proceedings in the premises ; and such court, after citing the
comptroller of the currency to show cause why further proceedings should Proceedings,
not be enjoined, and after the decision of the court or finding of a jury that
such association has not refused to redeem its circulating notes, when
legally presented, in the lawful money of the United States, shall make
an order enjoining the comptroller, and any receiver acting under his
direction, from all further proceedings on account of such alleged re-
fusal

Sec, 51. And be it further enacted, That all fees for protesting the Fees' for pro-
notes issued by any such banking association shall be paid by the person test and other
procuring the protest to be made, and such banking association shall be ^^Si. W
liable therefor ; but no part of the bonds pledged by such banking asso-
ciation, as aforesaid, shall be applied to the payment of such fees. And
all expenses of any preliminary or other examinations into the condition
of any association shall be paid by such association ; and all expenses of
any receivership shall be paid out of the assets of such association before
distribution of the proceeds thereof*

Sec. 52. And be it farther enacted. That all transfer of the notes, Transfers, as-
bonds, bills of exchange, and other evidences of debt owing to any asso- ^ SEnm S« , j
ciation, or of deposits to its credit ; all assignments of mortgages, sureties ILnof insol-"
on real estate, or of judgments or decrees in its favor; all deposits of vency, &c., to he
money, bullion, or other valuable thing for its use, or for the use of any TOld '
of its shareholders or creditors ; and all payments of money to either,
made after the commission of an act of insolvency, or in contemplation

116

THIRTY-EIGHTH CONGRESS. Sess* L Co* 106. 1864

thereof, with a view to prevent the application of its assets in the manner
prescribed by this act, or with a view to the preference of one creditor to
another, except in payment of its circulating notes, shall be utterly null
and void.

Penalty upon Sec. 53* And be itfurtfier enacted, That if the directors of any associa*

Uti£ofth^°~ ** on 8aa ^ knowingly violate, or knowingly permit any of the officers,

act agents, or servants of the association to violate, any of the provisions of

this act, all the rights, privileges, and franchises of the association derived
Violation, how from this act shall be thereby forfeited. Such violation shall, however,

to be determined. De determined and adjudged by a proper circuit, district, or territorial

court of the United States, in a suit brought for that purpose by the
comptroller of the currency, in his own name, before the association shall
be declared dissolved* And in cases of such violation, every director who
Personal lia- participated in or assented to the same shall be held liable in his personal

trility. and individual capacity for all damages which the association, its share-

holders, or any other person, shall have sustained in consequence of such
violation.

Comptroller Seo. 54 And be it further enacted, That the comptroller of the cur-

SST ^C'f th l appr(>bati0tl ° f the Secr ^P of *° Trea ?!"fr «« often «
the affairs of any shall be deemed necessary or proper, shall appoint a suitable person or

association. persons to make an examination of the affairs of every banking associa-
tion, which person shall not be a director or other officer in any association
whose affairs he shall be appointed to examine, and who shall have power
to make a thorough examination into all the affairs of the association, and,
Duty of such in doing so, to examine any of the officers and agents thereof on oath ; and

examiner. shall make a full and, detailed report of the condition of the association to

the comptroller. And the association shall not be subject to any other
visitorial powers than such as are authorized by this act, except such as
are vested in the several courts of law and chancery. And every person
appointed to make such examination shall receive for his services at the
p ay , rate of five dollars for each day by him employed in such •examination, aad

two dollars for every twenty-five miles he shall necessarily travel in the
performance of his duty, which shall be paid by the association by him
examined*

Penalty upon Sec. 55. And be it farther enacted, That every president, director,
^ w *Vfo f cashier, teller, clerk, or agent of any association, who shall embezzle,
embezzlement, abstract, or wilfully misapply any of the moneys, funds, or credits of the
&c, of funds, association, or shall, without authority from the directors, issue or put in

circulation any of the notes of the association, or shall, without such
authority, issue or put forth any certificate of deposit, draw any order or
bill of exchange, make any acceptance, assign any note, bond, draft, bill
of exchange, mortgage, judgment, or decree, or shall make any false entry
in any book, report, or statement of the association, with intent, in either
case, to injure or defraud the association or any other company, body
politic or corporate, or any individual person, or to deceive any officer of
the association, or any agent appointed to examine the affairs of any such
association, shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished by imprisonment not less than live nor more
than ten years*

District attor- Seo. 56* And be it further enacted, That all suits and proceedings
neys to conduct arising out of the provisions of this act, in which the United States or its
certain suits. officers or agents shall be parties, shall be conducted by the district attor-
neys of the several districts, under the direction and supervision of the
solicitor of the treasury*
in what courts, Seo. 57* And te it further enacted, That suits, actions, a and proceed-
suits, &c, under ' ings, against any association under this act, may be had in any circuit,
^J^^y to district, or territorial court of the United States held within the district
prosccu ^ which such association may be established ; or in any state, county, or

rj&unicipal court in the county or city in which said association is located,

THIRTY-EIGHTH CONGRESS. Sbss. L Ch. 106. 1864.

117

having jurisdiction in similar cases : Provided, however, That all proceed- .F 1 ^^^ 1
iogs to enjoin the comptroller under this act shall be had in a circuit, j^^Xtfcomts.
district, or territorial court of the United States, held in the district in
which the association is located.

Sec. 58. And he itfwiker enacted. That every person who shall muti- Penalty for
late, cut, deface, disfigure, or perforate with holes, or shall unite or ES^em^-
cement together, or do any other thing to any bank bill, draft, note, or fit for reissue,
other evidence of debt, issued by any such association, or shall cause or
procure the same to be done, with intent to render such bank bill, draft,
note, or other evidence of debt unfit to be reissued by said association,
shall, upon conviction, forfeit fifty dollars to the association who shall be
injured thereby, to be recovered by action in any court having juris-
diction.

Sao. 59. And he it further enacted, That if any person shall falsely penalty for
make, forge, or counterfeit, or cause or procure to be made, forged, or counterfeiting
counterfeited, or wittingly aid or assist in falsely making, forging, or coun- note8 »
terfeiting, any note in imitation of, or purporting to be in imitation of, the
circulating notes issued under the provisions of this act, or shall pass, for knowingly
utter, or publish, or attempt to pass, utter, or publish, any false, forged, ottering, &c
or counterfeited note, purporting to be issued by any association doing a
banking business under the provisions of this act, knowing the same to be
falsely made, forged, or counterfeited, or shall falsely alter, or cause or
procure to be falsely altered, or willingly aid or assist in falsely altering,
any such circulating notes, issued as aforesaid, or shall pass, utter, or
publish, or attempt to pass, utter, or publish, as true, any falsely altered
or spurious circulating note issued, or purporting to have been issued, as
aforesaid, knowing the same to be falsely altered or spurious, every such
person shall be deemed and adjudged guilty of felony, and being thereof
convicted by due course of law shall be sentenced to be imprisoned and
kept at hard labor for a period of not less than five years, nor more than
fifteen years, and fined in a sum not exceeding one thousand dollars.

Sbc 60* And be it further enacted, That if any person shall make or for engraving,
engrave, or eause or procure to be made or engraved, or shall have in his jfa^t*L
jcustody or possession any plate, die, or block after the similitude of any OI S ln S note8 >«e*
plate, diet, or block from which any circulating notes issued as aforesaid
shall have been prepared or printed, with intent to use such plate, die, or
block, or cause or suffer the same to be used, in forging or counterfeiting
any of the notes issued as aforesaid, or shall have in his custody or pos-
session any blank note or notes engraved and printed after the similitude for having
of any notes issued as aforesaid, with Intent to use such blanks, or cause or
suffer the same to be used, in forging or counterfeiting any of the notes ^
issued as aforesaid, or shall have in his custody or possession any paper for having pa-
adapted to the mating of such notes, and similar to the paper upon which &c
any such notes shall have been issued, with intent to use such paper, or
cause or suffer the same to be used, in forging or counterfeiting any of
the notes issued as aforesaid, every such person, being thereof convicted
by due course of law, shall be sentenced to be imprisoned and kept to
hard labor for a term not less than five or more than fifteen years, and
fined in a sum not exceeding one thousand dollars.

Sec. 61. And be it further enacted, That it shall be the duty of the Comptroller to
comptroller of the currency to report annually to congress at the com- «port annually
mencement of its session — congress.

First A summary of the state and condition of every association from contents of re-
whom reports have been received the preceding year, at the several port,
dates to which such reports refer, with an abstract of the whole amount
of banking capital returned by them, of the whole amount of their debts
and liabilities, the amount of circulating notes outstanding, and the total
amount of means and resources, specifying the amount of lawful money
held by them at the times of their several returns, and such other in-

118

THIBTY-EIGHTH CONGRESS. Sess.L Ch. 106, 107. 1864

Contents of formation in relation to said associations as. in his judgment, may bo
comptroller's re- 11ftA fi.i > j

port to congress* U5W51UU

Second. A statement of the associations whose business has been
closed daring the year, with the amount of their circulation redeemed
and the amount outstanding.

Third. Any amendment to the laws relative to banking by which the
system may be improved, and the security of the holders of its notes and
other creditors may be increased.

Fourth. The names and compensation of the clerks employed by him,
and the whole amount of the expenses of the banking department during
the year. And such report shall be made by or before the first day of
December in each year, and the usual number of copies for the use of
the senate and boose, and one thousand copies for the use of the
department, shall be printed by the public printer and in readiness for
distribution at the first meeting of congress.
Repeal of act Sec. 62* And be it further enacted, That the act entitled " An act to
ofifc, cb. S&. provide a national currency, secured by a pledge of United States stocks,
v ^ and to provide for the circulation and redemption thereof," approved
February twenty-fifth, eighteen hundred and sixty-three, is hereby re-
Saving clauses, pealed : Provided, That such repeal shall not affect any appointments
made, acts done, or proceedings had, or the organization, acts, or pro-
ceedings of any association organized or in the process of organization
under the act aforesaid : And provided, oho, That all such associations
so organized or in process of organization shall enjoy all the rights and
privileges granted, and be subject to all the duties, liabilities, and restric-
tions imposed by this act, and with the approval of the comptroller of
the currency, in lieu of the name specified in their respective organiza-
tion certificates, may take any other name preferred by them and duly
certified to the comptroller, without prejudice to any right acquired under
this act, or under the act hereby repealed; but no such change shall be
made after six months from the passage of this act : Provided, oho, That
the circulation issued or to be issued by such association shall be consid-
ered as a part of the circulation provided for in this act
Executors, Sbo. 63. And be it further enacted, That persons holding stock ^
hoWkw Jock, executors, administrators, guardians, and trustees, shall not be personally
notto^pereon- subject to any liabilities as stockholders ; but the estates and funds in
ally liable. their hands shall be liable in like manner and to the same extent as thp

testator, intestate, ward, or person interested in said trust-funds would be
if they were respectively living and competent to act and hold the stock
in their own names.

Act may be Sbc. 64 And be it further enacted, That congress may at any time
altered or re- amend, alter, or repeal this act.
^ Approved, June 8, 1864

June 3, 18&4. Chap. OVJL —An Act to amend an Act relative to the PiMc Printing.

322^ p?2B? it enacted by the Senate and House of Representatives of the JJnited

' States of America in Congress assembled, That that part of the act entitled
print?ng ^ S to "An act to supply deficiencies in the appropriations for the service of the
be made by as- fiscal year ending the thirtieth of June, eighteen hundred and sixty-four,
i^heateof 1 an( * & r other purposes," approved March fourteenth, eighteen hundred
departments. and sixty-four, as provides "that hereafter no printing or binding' shall be

done or blank books be procured for any of the executive departments
of the government without a written requisition on the superintendent
of public printing from the head of such department" be, and the same
is hereby, amended by inserting after the word "department," where it is
last above written, the following words, viz : u or his assistant or assistants,"
so that it will read — " the head of such department or his assistant or as-
sistants."
Approved, June 3, 1864. ,

THIRTY-EIGHTH CONGRESS. SesS. 1 Ch. 108, 109, 110. 1864. 119

v

Chap. CVm.— 4» Act to repeat the first Section of the Joint Resolution relative to tke June 8, 186*.
Transfer of Persons ui tie Military Service to the Naval Service, approved February Res. No.

twenty-four, eighteen hundred and sixty-four. i 0m

ife & enacted by tke Senate and House of Representatives of the United Post > P» ^2.
States of America in Congress assembled, That the first section of the joint te ^ dirc ^j? !1
resolution entitled a " Joint resolution relative to the transfer of persons in JeSai^ewl
the military service to the naval service" approved February twenty- to enlist Into the
four, eighteen hundred and sixty-four, be, and the same is hereby, repealed- g^Sedl

Approved, June 8, 1864.

Chap. CIX.— An Ad to reestablish the principal Port of Entry for the District of June 3, 1864.

Champlain at Plattsbwrgh, and fbr other Purposes.

Be it enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That the third section of an act Platteburgt re-
entitled "An act to equalize and establish the compensation of the col- ^cbalport of
lectors of the customs on the northern, northeastern, and northwestern entry,
frontiers, and for other purposes," approved March third, eighteen hun- I8&3,ch.87,j3.
dred and sixty-three, changing the port of entry for the district of Cham- Vol. xiL p. 701.
plain from Pittsburgh to Rouse's Point, be, and the same is hereby,
repealed, and that Pittsburgh be, and the same is hereby, reestablished
as the principal port of entry for said district, at which the collector of
customs shall reside. And a deputy collector shall reside at Rouse's Point, j^^^ of
and be vested with all the power and authority given to deputy collectors collector and

by law. depuly collector.

Approved, June 8, 1864.

Chap. CX — An Act to amend an Act entitled "An Act making a Grant of alternate June 7, 1864.
Sections <^ [the] Public Lands to the State of Michigan to aid in the Construction of igM\ju 44 —
certain Mawvaas in said State, and for other Purposes. Vol. xi. p. 21.

Be it enacted by the Senate and House of Representatives of the United ^v^j 8 *
States of America in Congress assembled, That the act entitled " An act Amendment of
making a grant of alternate sections of £the[j public lands to the State of fanner act grant-
Michigan to aid in the construction of certain railroads in said state, and iBgia^toBttchi-
for other purposes," be and the same is hereby, amended as follows, ^ for raUroad8 *
namely : Substitute fbr the words u and from Grand Rapids to some point
on or near Traverse Bay," contained in the first section of said act, these
words : And from Fort Wayne, in the State of Indiana, to a point on Location
the southern boundary line of the State of Michigan, in the township of cbangeo.
Sturgis, thence, by way of Grand Rapids, to some point on or near Trav-
erse Bay* And the said act shall be, and is hereby, so amended as to
substitute for the first clause of the first proviso in the first section thereof,
so far as the same shall be applicable to the grant of lands made to aid
in the construction of the railroad described by the foregoing amendment,
these words : Provided, That the lands so to be selected shall in no case Limit of selec-
be further than twenty miles from the line of said road : Provided, fur- tlon of lands.
tker y That the time specified in the 4th section of the act hereby amended Time not to be
for the completion of said road shall not be extended. extended.

Sec. 2. And be it further enacted, That the lands granted by the act Lands granted,
^amended by this act, and also by the provisions of this act, to aid in the dfeZose^ot
construction of the railroad described in the foregoing section, shall Ije
disposed of only in the following manner, that is to say, when the
governor of the State of Michigan shall certify to the Secretary of the
Interior that ten consecutive miles of said road have been completed in a
good and substantial manner as a first-class railroad, indicating definitely
where said completed section commences and where the same terminates,
the said secretary shall cause patents to issue to said state for so much of
said lands as are located opposite to, and coterminous with, said completed
section of said road, and so from time to time for each completed section
of ten miles of said road until the whole shall be completed.

Approved, June 7, 1864

120 THIRTY-EIGHTH CONGBESS. Sess. I Ch. Ill, 113, 114 1864

June 7, 1864. Chap, CXL — An Act to provide fir granting an honorable Discharge to Coal-heavers

and Firemen in the Naval Service.

Be it enacted by the Senate and House of Representatives of the United
and&em^Tmav ^ at€$ °f ^werica in Congress assembled, That honorable discharges may
be honorably do- be granted to coal-heavers and firemen in the naval service of the United
charged. States in the same manner and subject to the same conditions as such dis-

charges are now granted to seamen, ordinary seamen, landsmen, and
boys.

Appboved, Jane 7, 1864

* ^^^^^^^

June 8» 1864. Chap. CXHJ. — An Act to create an additional Supervising Inspector of Steamboats
~ and two heal Inspectors of Steamboats for the Collection District of Memphis, Tennessee,

and two local Inspectors for the Collection District of Oregon, ana fir other Purposes.

Be it enacted by the Senate and House of Representatives of the United
AddHionalrar States of America in Congress assembled. That there shall be designated
K&ffi and appointed, in the mode prescribed by law, and who shall be paid the
and loc^ inspec- game annual compensation as is now paid, one additional supervising in-
and Tenoeljee. s pector of steamboats, and two local inspectors of steamboats, at Portland,

in the collection district of Oregon, and two for the collection district of
Pay and duties Memphis, Tennessee, at an annual compensation of seven hundred dol-
lars* to be paid as provided by law, as in case of other like inspectors ;
1852, ch. 108. and said inspectors shall perform the duties and be subject to the pro-
Vol. x. p. 61. visions of the steamboat act of August thirtieth, eighteen hundred and
fifty-two.

Authority for Sec. 2. And be it further enacted, That so much of said act as pro-
to°!?Whfl2in*" v *^ es *° r *k e appointment of two local inspectors of steamboats in the
repealed. *' district of Wheeling, on the Ohio River, and for their compensation, is

hereby repealed.

Fee for license Sec. 8. And be, it further enacted, That each engineer and pilot,
to engineers and licensed according to the provisions of said act, shall pay for every certifi-
P Uote * cate granted by any inspector or inspectors, the sum of ten dollars, to be

accounted for in the mode provided by law*
Ferry-boat, Seo. 4 And be it further enacted. That the forty-second section of the
togs, and canal- act of August thirty, eighteen hundred and fifty-two, be so construed
spectoJ? 88 *° r^ 1 " 1 * 6 tte inspection of the hull and boiler, in the manner pre-

ScT^ scribed by that act, of every vessel propelled in whole or in pare by steam,

Vol. x. p. 75. and engaged as a ferry-boat, tug or towing-boat, or canal-boat, in all cases
, where, under the laws of the United States, such vessels may be engaged
in the commerce with foreign nations, or among the several states.
Engineers and Sec. 5* And be it further enacted. That all engineers and pilots of
pi d*t ° f a"^' feNJ- 00 *^ tug-boats, towing-boats, or canal-boats, subject to inspection
boats to'be cias- by this act, shall be classified and licensed in the same manner as are
sified. pilots and engineers by said act of August thirty, eighteen hundred and

fifty-two.

Fees for fnspec- Sec. 6. And be it further enacted, That, in lieu of the fees for inspec-
tion of vessels, tfon required by the thirty-first section of the act of August thirty, eighteen
Vol. x. p. 78. nun ^red and fifty-two, the following shall be paid : For each vessel of one
1865, ch. 94, §2. hundred tons or under, twenty-five dollars, and in addition thereto for
Post, p. 514. eacn one h aQ dre<i tons, over the first one hundred tons, five dollars.
Repeal of in- Sec. 7* And be it further enacted, That all parts of the act aforesaid,
consistent provis- w hj cn suspended by or are inconsistent with this act, are hereby

repealed.
Approved, June 8, 1864.

June 8, 1884. Chap. QXTV.—AnAct to punish and prevent the Counterfeiting of Coin of the United
' States.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That if any person

THIRTY-EIGHTH CONGRESS. Sess- L Ch. 115, 116. 1864.

or persons, except as now authorized by law, shall hereafter make, or Penalty for
cause to be made, or shall utter or pass, or attempt to utter or pass, any 00 w t^jf]
coins of gold or silver, or other metals or alloys of metals, intended for sStes. n
the use and purpose of current money, whether in the resemblance of
coins of the United States or of foreign countries, or of original design,
every person so offending shall, on conviction thereof, be punished by fine
not exceeding three thousand dollars, or by imprisonment for a term not
exceeding five years, or both, at the discretion of the court* according to
the aggravation of the offence.
Approved, June 8, 1864

Chap. CXV. —An Act to prwtikfvr the Payment of the second Regiment, third Brigade, June 8, 1864.

Ohio Volunteer Militia, during the Time they were mustered into the Service of the United

States.

Be it enacted by ike Senate and Souse of Representatives of the United
States of America in Congress assembled) That the second regiment, third Payment of
brigade, Ohio volunteer militia, mustered into the service of the United f^ 2 ^?^ U
States at Cincinnati, Ohio, on the fourth day of September, eighteen bun- volunteers. °
dred and sixty-two, notwithstanding irregularity may have occurred in the
manner of their mustering into the service of the United States, be paid
for the time the officers and men were in the service, respectively, after
being so mustered, not, however, ta exceed the period of thirty days.

Approved, June 8, 1864.

Chap. CXVL —An Act to provide fir the Execution of Treaties between the United States June U, 1864.

and foreign Nations respecting Consular Jurisdiction over the Crews of Vessels of such

foreign Nations in the Waters and Ports of the United States.

Be it enacted bp the Senate and Home of Representatives of ike United
States of America in Congress assembled, Thai, in all cases where it Treaty stipula-
may have been or shall hereafter, be stipulated by treaty or convention tions giving con-
between the United States and any foreign nation to the effect that the S^w2on-
consul-general, consuls, vice-consuls, or consular or commercial agents of trorersies be-
the two nations^ respectively, shall have exclusive jurisdiction of contro- £^VSms?
versies, difficulties, or disorders arising at sea or in the waters or ports of riners, &c, how
the one nation, between the master or other officer or officers and any of t0 be carried into
the crew, or between any of these last themselves, of any ship or vessel effcct '
belonging to the other nation, such stipulations shall be executed and
enforced within the jurisdiction of the United States as hereinafter de-
clared : Provided, That before this act shall take effect as to the ships
and vessels of any particular nation having such treaty with the United
States, the President of the United States shall have been satisfied that OtheT contract-
similar provisions have been made for the* execution of such treaty by J -*J^ yto J?? ke
the other contracting parry, and shall have issued his proclamation to that tons. PT °
effect, declaring this act to be in force as to such nation*

Sec. 2. And be it further enacted^ That in all cases within the pur- Consul, &c, to
of this act the consul-general, consul, or other consular or commer- ^S! 7 -*? P r ^f er
Luthority of such foreign nation charged with the appropriate duty JK 0r ~
in the particular case, may make application to any court of record of the Application to
United States, or any judge thereof, or to any commissioner appointed state what, &c
under the laws of the United States, to take bail or affidavits, or for other
judicial purposes whatsoever, setting forth that such controversy, diffi-
culty, or disorder has arisen, briefly stating the nature thereof, and when
and where the same occurred, and exhibiting a certified copy or extract
of the shipping-articles, roll, or other proper paper of the ship or vessel,
to the effect that the person in question is of the crew or ship's company
of such ship or vessel ; and further stating and certifying that such person
has withdrawn himself, or is believed to be about to withdraw himself,
from the control and discipline of the master and officers of the said ship
vol. xjii. Pub* — 11

view
cial a

122

THIRTY-EIGHTH CONGRESS. Sess. I Ch. 116, 117. 1864

or vessel, or that be has refused, or is about to refuse, to submit to and
obey the lawful jurisdiction of such consular or commercial authority in
the premises ; and further stating and certifying that, to the best of the
knowledge and belief of the officer certifying, such person 4s not a citizen
of the United States, and thereupon such judge, commissioner, or other
judicial officer, on inspection of such application, the same being in writ-
ing and duly authenticated by the consular or other sufficient official seal,
Warraot for shall issue his warrant for the arrest of the person so complained of,
arrest to issue* directed to -the marshal of the United States for the appropriate district,

or in his discretion to any person, being a citizen of the United States,
whom he may specially depute for the purpose, requiring such person to
be brought before him for examination at a certain time and place. And

If Derson ar- on suc ^ exam ^ na ^ on > it 8hall be made to appear that the person so
restedis a dtu arrested is a citizen of the United. States, he shall be forthwith discharged
zen, he shall be from arrest, and shall be left to the ordinary course of law* Bat if this
(3Usc ^ sed ' shall not be made to appear, and such judge, commissioner, or other judi-
cial authority shall find, upon the papers hereinbefore referred to, a suffi-
cient prima facie case that the matter concerns only the internal order
and discipline of such foreign ship or vessel, or, whether in its nature civil
or criminal, does not effect [affect] directly the execution of the laws of
If not, &c> t the United States, or the rights and duties of any citizen of the United
^tteS *° be °° m " States, he shall forthwith, by his warrant, commit such person to prison,
mi where prisoners under sentence of a court of the United States may he

lawfully committed, or to the master or chief officer of such foreign ship
or vessel, in his discretion, to be subject to the lawful orders, control, and
discipline of the master or chief officer for the time being, of such ship,
and to the jurisdiction of the consular or commercial authority of the
nation to which such ship or vessel may belong, to the exclusion of any
authority or jurisdiction in the premises of the United States or any state
Expenses, how thereof : Provided, nevertheless, That the expenses of the arrest and the
to be paid. detention of the person so arrested shall be paid, by the consul-general,

consuls, or vice-consuls : And provided, further, That no person shall be
limit of im- detained more than two months after his arrest, but at the end of that time
pnsonmen aha.ll be set at liberty and shall not again be arrested for the same cause.

Approved, June 11, 1864.

June 11, 1864. Char CX V U. — An Act to authorize the Secretary of the Treasury to stipulate for the

' Release from Attachment or other Process, of Property chimed by the United States, and

Jor other Purposes,

*Be it enacted by the Senate and House of Representatives of ike United
Attachment in States of America in Congress assembled, That whenever any property
££$££2^ owned or held by the United States, or in which the United States have
S^Sft or claim an interest, shall, in any judicial proceeding under the laws of
tiie United any state, district* or territory, be seized, arrested, attached, or held for
be^dischaiged^ 7 tne security or satisfaction of any claim made against said property, it

shall be lawful for the Secretary of the Treasury, in his discretion, to
direct the solicitor of the treasury to cause a stipulation to be entered
into by the proper district attorney for the discharge of such property
from such seizure, arrest, attachment, or proceeding, to the effect that
upon such discharge, the person asserting the claim against such property
shall become entitled to all the benefits of this act ; and in all cases where
such stipulation shall be entered into, as aforesaid, and the property shall,
in consequence thereof, be discharged as aforesaid, and final judgment
shall be given in the court of last resort to which the Secretary of the
Treasury may deem proper to cause such proceedings to be carried,
Effect of final affirming the claim for the security or satisfaction of which such proceed-

sncn^piwee^cs. sna ^ Dave Deen instituted, and the right of the person asserting the

same to enforce it against such property by means of such proceedings,
notwithstanding the claims of the United States thereto, such final judg-

THCRTY-EIGHTH CONGRESS. Sess.L Ch. 117, 118, 119. 1864. 128

ment shall be deemed, to all intents and purposes, a full and final deter-
mination of the rights of such person, and shall entitle such person, as
against the United States, to such rights as he would have had in case
possession of said property had not been changed ; and if such claim be
for the payment of money, and the same shall by such judgment be
found to be due, the presentation of a duly authenticated copy of the
record of such judgment and proceedings shall be sufficient evidence to
the proper accounting officers for the allowance thereof ; and the same shall
thereupon be allowed and paid out of any moneys in the treasury not
otherwise appropriated : Provided^ That the amount so to be allowed and * Limit of
paid shall not exceed the value of the interest of the United States in the amount to be
properly in question : And provided) farther, That nothing herein con- *
tained shall be considered as recognizing or conceding any right to Right to en-
enforce by seizure, arrest, attachment, or any judicial process, any claim g^ n ^ c ^^ m '
against any property of the United States, or against any property held, n ized
owned, or employed by the United States, or by any department thereof,
for any public use, or as waiving any objection to any proceeding insti
tuted to enforce any such claim.
Approved, June 11, 1864

Chap. CXVUL — x An Act in Relation to the Limitation of Actions in certain Cases. June 11, 1864.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That whenever, dar- Time daring
ing the existence of the present rebellion, any action, civil or criminal, wllich person Is
shall accrue against any person who, by reason of resistance to the exe- J^£ r £
cution of the laws of the United States, or the interruption of die ordi- resistance to the
nary course of judicial proceedings, cannot be served with process for the not . t0 mokA
commencement of such action or the arrest of such person, or whenever, IsSied for bring-
after such action, civil or criminal, shall have accrued, such person cannot, ing actions,
by reason of such resistance of the laws, or such interruption of judicial
proceedings, be arrested or served with process for the commencement of
the action, the time during which such person shall so be beyond the
reach of legal process shall not be deemed or taken as any part of the
time limited by law for the commencement of such action.

Appboved, June 11, 1864.

Chap. CXTX. — An Act relating to Members of Congress, Heads of Departments, and j une n X8$4.

other Officers of the Government. 9

He it enacted by the Senate and House of Representatives of the United
States ofAtneri ca in Congress assefnMea\ That no member of the Sen* Senators recre-
ate or House of Bepresentatives shall, after his election and during his sentatives, heads
continuance in office, nor shall any bead of a department, head of a ^ot^olSive^'
bureau, clerk, or any other officer of the government receive or agree pay for services
to receive any compensation whatsoever, directly or indirectly, for any fn any matter
services rendered, or to be rendered, after the passage of this act, to any faVpuij!
person, either by himself or another, in relation to any proceeding,
contract, claim, controversy, charge, accusation, arrest, or other matter
or thing in which the United States is a party, or directly or indirectly
interested, before any department, court-martial, bureau, officer, or any
civil, military, or naval commission whatever. And any person offend-
ing against any provision of this act shall, on conviction thereof, be Penalty,
deemed guilty of a misdemeanor, and be punished by a fine not exceed-
ing ten thousand dollars, and by imprisonment for a term not exceeding
two years, at the discretion of the court trying the same, and shall be
forever thereafter incapable of holding any office of honor, trust, or profit
under the government of the United States.

Approve©, June 11, 1864.

124

THIRTY-EIGHTH CONGRESS. Sess-L Ch. 120, 121. 1864

June 11, 1864. Chap. CXX. — An Act to change and define the Boundaries q£ the Eastern and Western
" Judicial Districts of Vii-ginia, and to alter the Names of said Districts, and fat other
Purposes,

Be it enacted by the Senate and Bouse of Bepresentotives of the United
Jurisdiction States of America in Congress assembled. That the jurisdiction of the
westem^istrict western district of Virginia shall hereafter be coextensive with, and con-
of Virginia; fined to the limits of the State of West Virginia, and shall be called the

district of West Virginia ; and the jurisdiction of the eastern district of
trrct. 6 * 3 ° m Virginia shall hereafter be coextensive with the limits and include the

whole of the State of Virginia, and shall he called the district of Virginia.
The judge of the said district of West Virginia shall annually hold six
Sessions of dis- sessions as follows : At Clarksburg, on the 24th days of March and Au-
tent °f West gust ; at Wheeling, on the sixth days of April and September ; and at
Virginia; Charleston, on the nineteenth days of April and September. The judge

of Virginia, of the district of Virginia shall, in addition to the sessions heretofore held
by him as judge of the eastern district of Virginia, hold sessions at the
times and places within the district of Virginia when and where sessions
were held prior to the passage of this act by the judge of the western
district of Virginia.

•Records and Sec. 2. And be it further enacted, That all the records and files of
files, where to be the courts of the western district of Virginia, hitherto held within the
kept* limits of the district of Virginia, as prescribed and fixed in the first sec-

tion of this act, shall remain and be kept in the district of Virginia ; and
all records and files of the courts of the western district of Virginia,
hitherto held within the limits of the district of West Virginia, as pre*
Pending pro* scribed and fixed by the first section of this act, shall remain and be kept
eess * in the district of West Virginia. And all writs, suits, pleas, recogniz-

ances, indictments, and all other process, civil or criminal, issued, sued
out, commenced, or pending, of which, if this act had never been passed,
the judge of the western district would have had jurisdiction within the
limits of the said district of Virginia, as defined by this act, shall be re-
turned, entered, and have day before, and be heard and determined by,
the judge of the district of Virginia, in the same manner, and with the
same validity and effect, as they should have been returned, entered,
heard, and determined by the judge of the western district of Virginia, if
this act had never been passed.
Proceeding* of Sec. 8. And be it farther enacted, That all the judicial proceedings
of court of west* of the court of the western district of Virginia had within die limits of
v£J^£ n * f t^e district of West Virginia, as fixed by the first section of this act,
firmed. since the erection of West Virginia into a state, are hereby made and de-

clared to be as valid and binding as if this act had been passed contem-
poraneously with the act establishing the State of West Virginia, and said
judicial proceedings had been under and by virtue of this act
Approved, June 11, 1864.

Jane 11, 1864. Chap. CXXL — An Act to provide for the summary Trial of minor Offences against the
Laws of the United States.

Be it enacted by the Senate and House of Representatives of the Dinted
Spodal see- States of America in Congress assembled. That it shall be lawful for the
Statesdistrict judg© of any district court of the United States to hold a special session
courts may be of said court at any time, whether in term or vacation, for the trial of
held to try, &c jj^qj. offences against the laws of the United States, as hereinafter pro-
vided.

Co i * ts Sec. 2. And be it further enacted, That whenever a complaint shall be
agau»tofficers made against any master, officer, or mariner of any ship or vessel belong-
ed mariners of ing, in whole or in part, to any citizen or citizens of the United States, of
ces^cwM w" * ne camm ^ ss ^ on an y offence, not capital or otherwise infamous, against
infamous,to be any law of the United States made for the protection of persona or prop-

THIRTY-EIGHTH CONGRESS- Sess. L Ch. 121, 122, 128. 1864. 125

erty engaged in commerce or navigation, it shall be the duty of the did- by T
trict attorney to investigate the same, and the general nature thereof, a^ummaSy '
and if, in his opinion, the case is such as should be summarily tried under tried*
the provisions if this act, he shall report the same to the district judge,
and the judge shall forthwith, or as soon as the ordinary business of the
court will permit, proceed to try the cause, and for that purpose may, if
necessary, hold a special session of the court

Seo. B. And be it further enacted. That at such trial it shall not be No indictment
necessary that the accused shall have been previously indicted, but a necessary,
statement of complaint, verified by oath, in writing, shall be presented to Written com-
the court, setting out the offence in such manner as clearly to apprize the ptefot on oath,
accused of the character of the offence complained o£ and to enable him Defendant may
to answer the complaint* And the said complaint or statement shall be answer and make
read to the accused, who may plead to or answer the same, or make a J^ 1 (f M!late "
counter-statement.

Sbo. 4. And be it furtner enacted. That the said trial shall thereupon Summary trial
be proceeded with in a summary manner, and the case shall be decided ^^ bad bjr<be
by the court, unless, at the time for pleading or answering, the accused
shall demand a jtww, in which case the trial shall be upon the complaint Jury,
and plea of not guilty,

Seo. 5* And be it further enacted. That it shall not be lawful for the Limit of sen*
court to sentence any person convicted on such trial to any greater pun- m
ishment than imprisonment in jail for one year, or to a fine exceeding
five hundred dollars, or both, in its discretion, in those cases where the
laws of the United States authorize such imprisonment and fine*

Sac* 6. And be it further enacted, That it shall be lawful for the court . Complaint or
to allow the district attorney to amend his statement or complaint at any statement may be
stage of the proceedings, before verdict, if, in the opinion of the court, amcttdfid i &c -
such amendment will work no injustice to the accused; and if it appear
to the court that the accused is unprepared to meet the charge as amended,
and that an adjournment of the cause will promote the ends of justice,
such adjournment shall be made until a further day, to be fixed by the
court

Sec. 7. And be it further enacted, That at such trial, if by jury, ^ fcl ? a l ty ^£
die United States and the accused shall each be entitled to three >er- l^^aS^ed.
emptory challenges* Challenges for cause, in such cases, shall be tried other cnai-
by the court without the aid of triers. lenges.

Appkoved, June 11, 1864

Chap. CXTZU.—An Act to abolish the Collection Districts of Port Orford and Cape Jppe U> 1864 »

Perpetua, in the Suae of Oregon,

Be it enacted by the Senate and Mouse of Representatives of the United
States of America in Congress assembled, That the collection districts of ^ n S^^l
Cape Perpetua and Port Orford, heretofore established by law, are ford and cSpe
hereby abolished, and the same attached to the collection district of Perpetua abol-
Oregon. * hed -

Appkoved, June 11, 1864*

Chap. CXXI1X — An Act amend an Act entitled c< An Act confirm certain private June 11, 1884.

Land Claim in the Territory of New Mexico." 1860 ch. 167

Be it enacted by the Senate and House of Representatives of the United Vol. xii.p. 71.
States of America in Congress assembled, That the sixth section of the Heirs of Luis
act entitled u An act to confirm certain private land claims in the Terri- Maria Bacamsy
tory of New Mexico,*' approved June twenty-first, eighteen hundred and f^^Kew
sixty, be, and the same is hereby, so amended as to enable the heirs of Mexico.
Luis Maria Baca to raise and withdraw the selection and location of one
of the square bodies of land confirmed to them by said acj, heretofore
located by said heirs on the Pecos River, adjoining the Fort Sumner res-

11*

126

TfflRTY-EIGHTH CONGRESS. Sess. L Ch. 128, 124. 1864

ervation, and to select and re-locate the same,, in the manner provided by
said act, at anytime before the twenty-first day of Jane, in the year
eighteen hundred and sixty-five, upon any of the public lands, unoccupied
and not mineral, within the limits of the Territory of New Mexico, as
said limits were known and defined by law on the twenty-first day of
June, in the year eighteen hundred and sixty ; and upon such selection
Effect of re- and re-location, the title to said square body of land, the same being the

location - one filth part of the private claim confirmed to said heirs as aforesaid,

so selected and re-located, shall be, and is hereby, confirmed to the said
heirs of the said Luis Maria Baca as folly and perfectly as if the same
had been selected and located within three years from and after the
approval of the act aforesaid.
Their right to Sac. % And be it further enacted, That upon such selection and re-

to^ahL location all right, title, and interest of the said heirs of Luis Maria Baca,

of, in, and to the square body of land heretofore selected and located by
them on the Pecos River, adjoining the Fort Sumner reservation in New
Mexico, is hereby divested and declared null and void, and the same
shall revest in the government of the United -States.
Approved, June 11, 1864*

June 15, 1864. Chap. CXXZV. — AnAc$ yakty Appr<^tbn$ fir the Support of the Army for the

Year ending the. thirtieth June, eighteen hmdred and sixty-five, and for other Purposes.

Be it enacted by ike Senate and Mouse of Representatives of the United
_ AfjST W* " States of America in Congress assembled. That the following sums be,
* and the same are hereby, appropriated, out of any money in the treasury

not otherwise appropriated, for the support of the army for the year end-
ing the thirtieth of Jane, eighteen' hundred and sixty-five : —
Recruiting, &c For expenses of recruiting, transportation of recruits, and compensa-
tion to citizen surgeons for medical attendance, three hundred thousand
dollars.

Books of tactics, For purchase of books of tactics and instructions for volunteers, fifty

Contimren * thousand dollars,
of at^mt^u- For contingent expenses of the adjutant-general's department at the
eraVs depart- headquarters of the several military departments, five thousand dollars.
m copyin£ official ^ or spying official reports of the armies of the United States, for pub-
reports. ligation, five thousand dollars.

Bounties for For bounties and premiums for the enticment [enlistment] of recruits
enlistments; for the regular army, three hundred and fifty thousand dollars.

far volunteers

For the pay of advance bounties to volunteers and drafted men, five
and drafted men* million dollars.

Collecting ^ or P av °^ prorofo 11 * 18 * rart of buildings and grounds, transportation,
drilling &cV subsistence, lodging, commutation of fuel and quarters, straw, postage,
volunteers. stationery, advertising, medicines, and medical attendance, and all other

necessary expenses incidental to the collecting, drilling, and organizing
volunteers, and for the necessary expenses under the enrolment act, five
million dollars.

p ay . ' For pay of the army, nine million nine hundred and seventy-one

thousand two hundred and forty-three dollars and sixty cents.

Commutation. For commutation of officers' subsistence, one million seven hundred
and twenty-three thousand six hundred and twenty-nine dollars and fifty
cents.

For commutation of forage for officers' horses, one hundred and four
thousand six hundred dollars.
Pay in Ueu of For P aYment8 m Keu 0< * clothing for officers* servants, eighty-two thou-
clothfog. sand eight hundred and twenty dollars. .

For payments to discharged soldiers for clothing not drawn, one hun-
dred and fifty thousand dollars.
For pay of volunteers, including the bounties authorized by law, one

THIRTY-EIGHTH CONGRESS. Ssss. I. Ch. 124 1864

127

hundred and seventy-seven million four hundred and sixty-two thousand . ***y of voInn "
seven hundred and twenty-eight dollars and twenty-five cents : Provided,
That if any officer in the regular or volunteer forces shall employ a Officers using
soldier as a servant, such officer shall not be entitled to any pay or vantsnotentuied
allowances for a servant or servants, but shall be subject to the deduction to allowanced,
from his pay required by the third section of the act entitled "Anactto 1862, ch. 200.
define the pay and emoluments of certain officers of the army, and for $ *^ xJ . & ^
other purposes, 9 ' approved July seventeen, eighteen hundred and sixty- x p *
two : And provided, further. That the second section of the act entitled Construction
" An act giving further compensation to the captains and subalterns
the army of the United States in certain cases," allowing ten dollars §2. ,*
additional per month to any officer in actual command of a company, as VoL P> 227 -
compensation for his duties and responsibilities with respect to the cloth-
ing, arms, and accoutrements of the company, shall be construed to ap-
ply only to company officers in actual command as aforesaid.

For subsistence in kind for regulars, volunteers, and, drafted men, Subsistence in
ninety-one million four hundred and twenty-five thousand four hundred kind
and twenty-six dollars and thirty cents.

For the regular supplies of the quartermasters department, consist- Quartermas-
ing of fuel for the officers, enlisted men, guard, hospitals, storehouses, tor's department
and offices ; of forage in kind for the horses, mules, and oxen for the
quartermaster's department, at the several posts and stations, and with
the armies in the field ; for the horses of the several regiments of cav-
alry, the batteries of artillery, and such companies of infantry as may
be mounted, and for the authorized number of officers' horses when
serving in the field and at the outposts, including bedding for the ani-
mals ; of straw for soldiers' bedding, and of stationery, including blank
books for the quartermaster's department, certificates for discharged sol-
diers, blank forms for the pay and quartermasters 9 departments ; and for
the printing of division and department orders and reports, sixty million
dollars.

For the incidental expenses of the quartermaster's department, con- Incidental ex*
dusting of postage on letters and packages received and sent by officers of 3SSex»adeMS-
the army on public service ; expenses of courts-martial, military com- ment. .
missions, and courts of inquiry, including the additional compensation of
judge-advocates, recorders, members, and witnesses, while on that service ;
under the act of March sixteenth, eighteen hundred and two, extra pay 1802, ch* 9, 4$
to soldiers employed, under the direction of the quartermaster's depart- 21,22.
ment, in the erection of barracks, quarters, storehouses, and hospitals; VoLa *P* m
in the construction of roads, and on other constant labor, for periods of
not less than ten days, under the acts of March second, eighteen hundred ^ 1 . 9 ».^ h *
and nineteen, and August fouth [fourth,] eighteen hundred and fifty-four, j& ^^!m[
induding those employed as clerks at division and department headquar- e. ' '
ters ; expenses of expresses to and from the frontier posts and, armies in VoL x. p. 576.
the field ; of escorts to paymasters and other disbursing officers and to
trains where military escorts cannot tie furnished ; expenses of the inter-
ment of officers killed in action, or who die when on duly in the field, or
at posts on the frontiers, or at other posts and places when ordered by the
Secretary of War, and of non-commissioned officers and soldiers ; author-
ized office furniture ; hire of laborers in the quartermaster's department,
_ including the hire of interpreters, spies, and guides for the army ; com*
pensation of clerKs to officers of the quartermaster's department ; com-
pensation of forage and wagon-masters, authorized by the act of July fifth, i888,ch. 162,
eighteen hundred and thirty-eight ; for the apprehension of deserters, and § 10*
the expenses incident to their pursuit ; and for the following expenditures m v * 25
required for the several regiments of cavalry, the batteries of light artil-
lery- and such companies of infantry as may be mounted, viz : the pur-
chase of travelling forges, blacksmiths' and shoeing tools, horses and mule
shoes and nails, iron and steel for shoeing, hire of veterinary surgeons.

128

THIRTY-EIGHTH CONGRESS. Ssss. I. Ch. 124. 1864

Cavalry, &c,
horses.

Mileage.

Transportation.

Quarters.

Stoves.
Telegraph*

Prisoners of
war*

Steam-rams*

Clothing and
camp equipage.

Contingencies.
Medicines, &c

Hospital stores.

Books, station-
ery, &c

Ice and com-
forts.
Hospital cloth-

itizen nurses.
t Private hos-
pitals.
Artificial limbs.

medicines for horses and mules, picket ropes, and for shoeing the horses
of the corps named ; also, generally, the proper and authorized expenses
for the movements and operations of an army not expressly assigned to
'any other department, thirteen million dollars*

For the purchase of cavalry and artillery horses, twenty-one million
dollars.

For mileage, or the allowances made to officers of the army for the
transportation of themselves and their baggage, when travelling on duty
without troops, escorts, or supplies, seven hundred thousand dollars.

For transportation of the army, including the baggage of the troops
when moving, either by land or water ; of clothing, camp and garrison
equipage, from the depots at Philadelphia, Cincinnati, and New York to
the several posts and army depots, and from those depots to the troops in
the field ; and of subsistence stores from the places of purchase, and from
the places of delivery under contract, to such places as the circumstances
of the service may require them to be sent ; of ordnance, ordnance stores,
and small arms, from founderies and armories to the arsenals, fortifications,
frontier posts, and army depots ; freights, wharfage, tolls, and ferriages ;
for the purchase and hire of horses, mules, oxen, and harness, and*the
purchase and repair of wagons, carts, and drays, and of ships, and other
sea-going vessels, and boats required for the transportation of supplies and
for garrison purposes $ for drayage and cartage at die several posts ; hire of
teamsters ; transportation of funds for the pay and other disbursing de-
partments; the expense of sailing public transports on the various rivers,
the Gulf of Mexico, and the Atlantic and Pacific ; and for procuring
water at such posts as? from their situation, require it to be brought from
a distance ; and for clearing roads, and removing obstructions from roads,
harbors, and rivers, to the extent which may be required for the actual
operations of the troops in the field, forty million dollars.

For hire or commutation of quarters for officers on military duty ; hire
of quarters for troops ; of storehouses for the safe-keeping of military
stores ; of grounds for summer cantonments ; for the construction of tem-
porary huts, hospitals, and stables, and for repairing public buildings at
established posts, five million dollars.

For healing and cooking-stoves, one hundred thousand dollars.

For constructing and extending the telegraph, for military purposes,
and for expenses in operating the same, two hundred and seventy-five
thousand dollars*

For supplies, transportation, and care of prisoners of war, nine hundred
thousand dollars.

For purchasing, constructing, and maintenance of steam-rams, two
hundred and seventy-five thousand dollars.

For clothing for the army, camp and garrison equipage, and for ex-
penses of offices and arsenals, fifty-eight million dollars.

For contingencies of the army, four hundred thousand dollars.

For medicines, instruments, and dressings, two million seven hundred
and fifteen thousand dollars.

For hospital stores, bedding, and so forth, three million five hundred
and eighty-seven thousand eight hundred and fifty-two dollars.

For hospital furniture and field equipments, six hundred and eighteen
thousand dollars.

For books, stationery, and printing, one hundred and twenty thousand
dollars.

For ice, fruits, and other comforts, three hundred thousand dollars*
For hospital clothing, seven hundred and fifty thousand dollars*
For citizen nurses, two hundred and ten thousand dollars.
For care of sick soldiers in private hospitals, thirty-one thousand two
hundred dollars.

For artificial limbs for soldiers and seamen, forty-five thousand dollars.

THIRTY-EIGHTH CONGRESS. Sbsb.L Ch. 124. 1864

129

For citizen physicians, and medicines furnished by them, four hundred yhyti-
and five thousand dollars. cia ** t

For hire of clerks and laborers in purveying depots, seventy-five thou- Purveying
sand dollars. depot8 «

For examining and recording meteorological observations taken at the Meteorological
military posts of the United States army, seven hundred and fifty dollars. observation8 -

For army medical museum, five thousand dollars. Medical mu-

For contingent expenses of the medical department, forty-seven thou- ^owrtingeacifis.
sand eight hundred and thirty-eight dollars.

For laboratory for testing and rearranging medicines and hospital sup- ' Laboratory,
plies, five thousand dollars.

For washing and washing-machines for hospitals where matrons can- Washing and
not be employed, fifteen thousand dollars. machines.

For expenses of the commanding general's office, ten thousand dollars. ^° ^ a ^8

For the secret service, one hundred thousand dollars. Secret service.

For armament of fortifications, two million dollars* ^Armament of

For the current expenses of the ordnance service, five hundred thou- fortificat " >D8 *
sand dollars.

For ordnance, ordnance stores, and supplies, including the purchase ordnance and
and manufacture of arms, accoutrements, and horse equipments for volun- stores,
teers and regulars, twenty million dollars.

For the manufacture of arms at the national armory, two million five Manufectnre
hundred thousand dollars. * of arms.

For repairs, improvements, and new machinery at the national armory, Bepates, &c,
one hundred thousand dollars. at armory.

For the purchase of gunpowder and lead, two million dollars. Gunpowder

For repairs and improvements at arsenals, including new and addi- m A j^ nft ^
tions to present buildings, and machinery, tools, and fixtures, two million
dollars.

For the signal service of the army, one hundred thousand dollars. Signal service.
For compensation of two clerks in the signai-oflice, two thousand eight
hundred dollars.

Sec. 2. And be U farther enacted. That all persons of color who bare Pay. radons,
been or may be mustered into the military service of the United States &c., of persons
shall receive the same uniform, clothing, arms, equipments, camp equi- J^ttJe ^Salary
page, rations, medical and hospital attendance* pay and emoluments, other service,
than bounty, as other soldiers of the regular or volunteer forces of the
United States of like arm of the service, from and after the first day of
January, eighteen hundred and sixty-four ; and that every person of color
who shall hereafter be mustered into the service shall receive such sums
in bounty as the President shall order in the different states and parts
of the United States, not exceeding one hundred dollars.

Sec. 8. And be it farther enacted, That all persons enlisted and mus- Bounties to be
tered into service as volunteers under the call, dated October seventeen, ^Lf?^/
eighteen hundred and sixty-three, for three hundred thousand volunteers, oanregard to
who were at the time of enlistment actually enrolled and subject to draft color,
in the state in which they volunteered, shall receive from the United
States the same amount of bounty without regard to color.

Sec 4. And be it farther enacted. That all persons of color who pay, bounties,
were free on the nineteenth day of April; eighteen hundred and sixty-one, &^«£«>tored
and who have been enlisted and mustered into the military service of the 8oldfers#
United States, shall, from the time of their enlistment, be entitled to
receive the pay, bounty, and clothing allowed to such persons by the laws
existing at the time of their enlistment And the Attorney-General of Attorney-Gen-
the United States is hereby authorized to determine any question of law jg*l to determine,
arising under this provision. And if the Attorney-General aforesaid
shall determine that any of such enlisted persons are entitled to receive
any pay, bounty, or clothing, in addition to what they have already *
received, the Secretary of War shall make all necessary regulations to

180

THIRTY-EIGHTH CONGRESS. Sess, L Ch. 124, 125* 1864

enable the pay department to make payment in accordance with such
determination.

Enlistments Sec. S. And be it farther enacted. That all enlistments hereafter
into the w^ 1 *^ made in the regular army of the United States, during the continuance
SSee years. ° " ot * the present rebellion, may be for the term of three years.

Approve?), June 15, 1864.

June 15, 1864. Chap. CXXV* — An Act to incorporate the Home far Friendless Women and Children*

Be it enacted by the Senate and House of Representatives of the United
Home for the States of America in Congress assembled, That Mary T. Hay, Eliza M.
relief of friend- Morris, Jane F. James, Eliza Wade Fitzgerald, Georgiana F. Speaks,
(MdrTn^o? Emily B. Ruggles, Indiana Plant, Mary Grayham, Maria Virginia Brown,
porated. and their associates and successors, are hereby created a body corporate

and politic, with a common seal, the right of succession, with ability to sue
and liability to be sued as a natural person, and the said corporation shall
be known by the name of " The Home for the Relief of Friendless Women
Objects and and Children.** The business of said corporation shall be the establish-
powew of eorpo* meD t, in the city of Washington, or at a convenient and eligible point not

exceeding in distance seven miles from the city, of an institution where
provision can be made by public charily for the care and relief of Mend-
less and deserving females, and for the care and maintenance of young
orphan or destitute children, male or female, who may be or are likely to
become a charge upon public charity. And said corporation shall possess
and enjoy all the powers essential and proper for the carrying out of the
purposes of its creation.
Real and per* Sec. 2* And be it further enacted, That said corporation may receive,
sonal estate. take, and hold, by purchase;, gh% or devise, any real or personal estate, for

the purposes contemplated in this act : Provided, however, That the net*
annual Income of their real estate shall not exceed thirty thousand dollars.
Pirst board of Sec 3. And be it further enacted, That Mary T. Hay, Eliza M. Mor-
managers. ris, Eliza Wade Fitzgerald, Georgiana Speaks, Emily B. Buggies, Indi-
ana Plant, Jane F. James, Mary Grayham, Maria Virginia Brown, shall
constitute the board of managers until the first Monday of May, A. D.
eighteen hundred and sixty-fiy^e, and until thdr successors shaU be chosen
or elected as herein provided. A meeting of the members of the associa-
Meetingof tion shall be held on the first Monday of May, eighteen hundred and sixty-
members of asso- five, at some convenient hour and place, in the city of Washington, of
eiat10 ?* , which two weeks' public notice shaU be given by the board of managers,

in two daily newspapers published in the city of Washington ; and at such
meeting the members of the association who shall be present shall proceed
to'#lect a board of managers in the places of those hereby designated or
authorized ; and any manager may be reelected frotn time to time. Each
member, at such meeting, shall be entitled to one vote. An annual meet-
Annual meet* ing 6f the associates or corporators shall, in like manner and upon like
notice, be held on the first Monday of May, in each year after eighteen
hundred and sixty-five, for the election of managers for the ensuing year;
but if, in any case, the said meeting shall, for any reason, fail to be held
on the <}&y herein designated, the 'same may, upon the notice above pro-
Term of office vided, be held on any other day within three months thereafter ; and the
of managers. managers then elected shall hold thdr offices until the first Monday of

May next ensuing, and until their successors shall be chosen, as aforesaid.
Vacancies. The said board of managers shall have power to fill any vacancies occur-
ring therein between the regular elections above provided in this act, and
a majority of said board shall form a quorum for the transaction of busi-
ness*

M*«ijigttm«"fc Sec. 4 And be it further enacted, That the board of managers shall
of the Some. have power to appoint such agents, matrons, assistants, and teachers, and

to employ such domestics and servants, as shaU be deemed necessary, and

4

THIBTY-EIGHTH CONGRESS. Sraa. L Ch. 125. 1864.

181

to make all needful and proper regulations for tbeir respective, general, or
specific duties, as well as for the government, direction, and control of all
persons who may at any time become inmates of the " Home " authorized
by this act, and may prescribe for the children and youth committed to
their care such rules of discipline as shall be deemed by them' necessary.

Seo* 5. And be it farther enacted. That whenever any child who, from Children in the
the neglect or inability of its parents or guardian to support it, 8na N^J§^,^k
become a charge upon public charity, and shall be surrendered to the be boandout,
charge of the association, pursuant to the provisions of this act, by such
parent or by its guardian, or by the overseer or superintendent of the poor
of said city of Washington, or other officer having the charge of the poor,
or whenever any destitute and dependant orphan shall be surrendered to
such institution, in the manner herein provided, by an instrument in
writing, duly signed by such parent, guardian, or public officer, the said
board of managers may, in their discretion, place such child to service
with some proper person under articles of indenture, to be executed in
due form of law, with such provisions for maintenance and education as
shall be approved by one of the judges of the supreme court of the Dis-
trict of Columbia ; and the said board of managers are hereby authorized or adopted,
to permit the adoption of any such child by any respectable and proper
person who, under provisions to be approved as aforesaid, shall undertake
the maintenance, care, and proper education of such destitute or orphan
child.

Sec. 6. And be it further enacted, That in case of the death or legal Mother may be
incapacity of the lather of any dependent child, or of the imprisonment gj*d^ , wfc^
of such father for crime, or of his abandoning or neglecting to provide for
his family, the mother, if residing in the District of Columbia, shall be
deemed the legal guardian of her children for the purposes of this act, and
shall have power to make the surrender aforesaid. But in case the
mother also be dead, or a non-resident of said district, or legally incapa-
ble of acting in the premises, or be imprisoned for crime, or neglect to
provide for such child, and in case there be no guardian or other person
legally bound to support such child, or qualified to make the surrender
aforesaid, then, and in any such case, the superintendent of the poor, or Who else may
the mayor of Washington, or other public officer having charge of the * e gnardi8n<
poor, shall, for the purposes of this act, be required, as ex-officio guardian
of such child, and may make, as such, the surrender of such child to the
said corporation by the instrument in writing aforesaid, which surrender
shall, in all respects, be as valid and effectual as if made by the father or B
parent of such child : Provided, That no surrender of any such child shall chad tobeap-
be made under the provisions of this section, unless such surrender shall, proved by *
on examination, be approved by one of the judges of the supreme court j"*^
of said district*

Sec. 7. And be it further enacted, That the board of managers may ' Officers of the
elect from their own number a president, vice-president, and secretary ; aS80c * at * oin
and they may further elect a treasurer. They may, in their discretion,
appoint an executive committee, consisting of five members of their board,
who may, under the general direction of the board, take charge of the
affairs of the corporation during any recess of the board.

Sbo. 8. And be it farther enacted. That the treasurer of said corpora- \ BQ P ort to eoo-
tion shall at any time upon the call of congress report a foil and perfect ******
statement of the affairs of such corporation, the location, value, and income
of all real estate owned by it, the amount of its receipts, expenditures,
investments, and personal estate, and all other information which congress
may require.

Sec. 9. And be it farther enacted, That congress may at any time alter, Act may be
amend, or repeal this act repealed.

Sec. 10. And be it farther enacted, That this act shall take 'effect When a«t takes
Immediately. effect.
Approved, Jane Id, 1864

132

THIRTY-EIGHTH CONGRESS. Sxss. I. Ch. 126, 127. 1864

Jane 15, 1864. Chap. V2L2LVL — An Act concerning certain School Lands in ToumsMpforty-Jwe North,

Range seven East, in the State of Missouri.

Be it enacted by the Senate and House of Representatives of the United
Certain school States of America in Congress assembled. That ail of the right, title, and
M&oiul*** 1 to * nteresfc of the United States in and to all of the lots, tracts, pieces, and
un * parcels of land within the Grand Prairie common field, in township forty-
five north of the base line, in range seven east of the fifth principal me-
ridian line in the State of Missouri, which have not heretofore been
disposed of by the United States, shall be, and the same are hereby, granted,
relinquished, and conveyed by die United States, in fee simple and in full
property, to the State of Missouri, for the support of schools in said town-
ship : Provided, That nothing in this act shall in any manner abridge,
divest, impair, injure, or prejudice any adverse right, title, or interest of
Advene rights m 7 person or persons in or to any portion or part of the aforesaid lots,
not affected. tracts, pieces, or parcels of land which are granted, relinquished, or con-
veyed by this act
Approved, June 15, 1864.

Jane 17, 1864. Chap. CXXVTL —An Act to prohibit certain Sales of Gold and Foreign Exchange*

Be it enacted by the Senate and House of Representatives of the United
trd^ts^the"" States °f ^Merica in Congress assembled, That it shall be unlawful to
purchase, &c, of make any contract for the purchase or sale and delivery of any gold coin
gold coined or bullion to be delivered on any day subsequent to die day of making
eignexct^ge sucn contract, or for the payment of any sum, either fixed or con-
made unL*maL tingent, in default of the delivery of any gold coin or bullion, or to. make
(Repealed 1864, 8acn contract upon any other terms than the actual delivery of such gold
ch. m best, coin or bullion, and the payment in full of the agreed price thereof, on
p. $41.1 th e day on which such contract is made, in United States notes or national

currency, and not otherwise ; or to make any contract for the purchase or
sale and delivery of any foreign exchange to be delivered at any time
beyond ten days subsequent to the making of such contract ; or for the
payment of any sum, either fixed or contingent, in default of the delivery
of any foreign exchange, or upon any other terms than the-actual delivery
of such foreign exchange within ten days from the making of such con-
tract, and the immediate payment in fall of the agreed price thereof on
the day of delivery in United States notes or national currency; or to
make any contract whatever for the sale and delivery of any gold coin or
bullion of which the person making such contract shall not, at the time of
Certain loans making the same, be in actual possession. And it shall be unlawful to
made unlawful. ma j ce anv ] oan money or currency not being in coin to be repaid in

coin or bullion, or to make any loan of coin or bullion to be repaid in
money or currency other than coin*
Contracts for Sec. 2. And be it further enacted* That it shall be further unlawful for
purchase of gold, any banker, broker, or other person, to make any purchase or sale of any
Iv m toeor^ 8° or bullton 9 or of any foreign exchange, or any contract for any
dfaary place of such purchase or sale, at any other place than the ordinary place of busi-
business, &c ness of either the seller or purchaser, owned or hired, and occupied bjr him

individually, or by a partnership of which he is a member*
Told contracts. Sec. 3. And be it /father enacted. That all contracts made in violation

of this act shall be absolutely void.
Penalty for Sec. 4. And be it furihsr enacted, That any person who shall violate any
act^befine P™** 8 * 0118 of this act shall be held guilty of a misdemeanor, and. on con-
imprisonment * miction thereof, be fined in any sum not less than one thousand dollars,

nor more than ten thousand dollars, or be imprisoned for a period not less
than three months, nor longer than one year, or both, at the discretion of
the court, and shall likewise be subject to a penalty of one thousand dol-
lars for each offence.

Sec. 5. And be it farther enacted, That the penalties imposed by the

TfflRTY-EIGHTH CONGBES& Sess. X Ch. 128, 129. 1864 133

fourth section of this act may be recovered in an action at law in any court Penalties, now
of record of the United States, or any court of competent jurisdiction, ^
which action may be brought in the name of the United States by any
person who will sue for said penalty, one half for the use of the United Half of money
States, and the other half for the use of the person bringing such action, to go to person
And the recovery and satisfaction of a judgment in any such action shall brm &** the suit
be a bar to the imposition of any fine for the same offence in any prosecu-
tion instituted subsequent to the recovery of such judgment, but shall not Judgment, &c.,
be a bar to the infliction of punishment by imprisonment as provided by pot toT>e bar of
said fourth section. imprisonment

Sec. 6. And be it further enacted, That all acts and parts of acts inoon- Repealing
sistent with the provisions of this act are hereby repealed. clause.

AppBOVED,.June 17, 1864

Chap. CXX VUL —An Act to amend an Act entitled " An Act to extend the Time for ike June 17, 1864.
Withdrawal of Goods from Public Stores and Bonded Warehouses, and for other Pur- 1864. ch. 15 —
poses, 1 ' approved twentyiunth February, eighteen hundred and sixty-four. p, 23.'

Be it enacted by the Senate and House of Representatives of ike United
States of America in Congress assembled. That all goods, wares, and mer- Certain £°<>fls>
chandise, in public stores or bonded warehouses, on which the duties are So^JSL
unpaid, and which shall have been in bond for more than one year and
less than three years, may be entered for consumption and the bonds can- when and how
celled at any time before the first day of September next, on payment of may he entered,
duties and charges according to the laws in force at the time the goods
shall be withdrawn.

Approved, June 17, 1864

Chap. CXXIX. — An Ad to amend an Act entitled tf An Act to authorize the Corpora- June 17, 1864.
Hon of Georgetown, in the District of Columbia, to lay and collect a Water Tax, and i ggo ch. 82 —
for other Purposes," approved May twenty-one, eighteen hundred and sixty-two. VoLxiiTp! 405.

Be it enacted by the Senate and House of Representatives of the United
States o f America in Congress assembled. That in all cases in which an Front-foot
original town lot in Georgetown, in the District of Columbia, entirely certain lots in
owned by the same person or persons, or any subdivision of an original Georgetown,
lot separately owned, as aforesaid, shall be situated at the intersection of
two streets, so as to bind or front on both, and in which both fronts would
be liable to the front-foot tax authorized by the act entitled " An act to
authorize the corporation of Georgetown, in the District of Columbia, to
lay and collect a water-tax, and for other purposes/ 1 approved May
twenty-one, eighteen hundred and sixty-two, the said front-foot tax shall
not be levied upon more than seventy-five feet of the two fronts of said
lot or part of lot ; and all beyond said number of feet shall be exempt
therefrom : Provided, That, for the purpose of avoiding inequality and
hai-dship in laying said tax, it shall be lawful for the said corporation of Further pro-
Georgetown, in such cases, to make such further exemptions from said visions,
front-foot tax, either by general laws or in individual cases, as* to them
may seem just and proper*

Sec. 2. And be it farther enacted, That It shall be lawful for said cor- instead of
poration of Georgetown, in their discretion, instead of the front-foo.t tax front-foot tax, a
aforesaid, to lay and collect annually a general special tax not to exceed gJjjf^JJJ* ^SlSL
one fifth of one per cent per annum on all the assessable property in said &c.
town, for the purpose of defraying the cost of distributing water through
said town from the mains or pipes of the Washington aqueduct, which tax
shall be exclusively appropriated to said object, shall be collected in the
same manner as the general tax of said town* and shall cease whenever
the cost of said distribution shall have been fully paid : Provided, That all Proviso",
persons liable to pay said tax shall be credited on account of the same
with all sums heretofore paid by them on account of said front-foot tax,
levied in pursuance of the^act to which this is an amendment

vol. xm. Pub. — 12

134

THIRTY-EIGHTH CONGRESS. Sess.L Ch. 129, 130, 1864

A-rt of 18G2, Sec. 3. -4»wf & «f furiker enacted, That the third section of the act
pealedu **" aforesaid be, and the same is hereby, repealed*

Approved, Jane 17, 1864*

June 17, 1864. Chap. CXXX. — An Act to retndate the Foreign Coasting Trade en the Northern,
• — Northeastern, and Northwestern Frontiers of the United States, and fir other Purposes,

Be it enacted by the Senate and House of Representatives of the United
Vessels navi- States of America in Congress assembled, That any boat, sloop, or other
° rth 16 ™&T ves?e * °^ tne United States, navigating the waters on our northern, north*
Sootiero to^e *' eastern, and northwestern frontiers, otherwise than by sea, shall he
enrolled and enrolled and licensed in such form as other vessels ; which enrolment
licensed. ftn( j ii ce nse shall authorize any such boat, sloop, or other vessel to be
Effect thereof, employed either in the coasting or foreign trade on said frontiers $ and no
certificate of register shall be required for vessels so employed on said
Proviso. frontiers : Provided, That such boat, sloop, or vessel shall be, in every
other respect, liable to the rules, regulations, and penalties now in force
relating to registered and licensed vessels.
Compensation ^ Ec# ^' further enacted, That in lieu of the compensation

of certain collec- provided by the fourth section of the act of March second, eighteen hun-
t0 mLc!?98^ dre< * and tbirty-one, entitled « An act to regulate the foreign and coasting
$ 4, ' 1 trade on the northern, northeastern, and northwestern frontiers of the
Vol. iv. p. 487. United States, and for other purposes,* 1 each of the several collectors of
customs in the following districts on the said frontiers, to wit : Pembina,
Chicago, Milwaukie, Sault Sainte Marie, Detroit, Miami, Sandusky,
Cuyahoga, Presque Isle, (hereafter to be called Erie,) Dunkirk, Buffalo,
Niagara, Genesee, Oswego, Cape Vincent, Oswegatchie, Champlain, and
Vermont, shall receive an annual compensation of one thousand dollars,
and, in addition thereto, the fees now collected under the general regula-
tions of the treasury department of February, eighteen hundred and
fifty-seven, and a commission of three per centum on all moneys collected
and accounted for by them respectively : Provided, That the aggregate
compensation derived from salary, fees, and commissions, shall not in any
Not to exceed exceed the sum of twenty-five hundred dollars per annum, subject to
a certain sum. the provisions of the act entitled "An act relative to collectors and other
V^i* 1 p 3 * ncers °^ customs," approved February eleventh, eighteen hundred
**' p ' * and forty-six. And whenever the aggregate of salary, fees, and commis-
sions shall in any case exceed the said sum of twenty-five hundred dollars,
after deducting the necessary expenses incident to the said office, for and
during the same period for which said compensation is allowed, the excess
to beac^ntedT 8Da ^ * n -Gvery s»*h case be paid into the treasury of the United States.
f or . The fees and emoluments of all kinds to be accounted for as provided by

1832, ch. 10T, the twelfth section of the act of the seventh of May, eighteen hundred and

* Toiiii.j>.695. twent 7- tw »V

What fees may ® EC * ^* And be it farther enacted, That the collectors and other officers
be charged. of customs on the said frontiers shall be authorized to charge and collect

the same fees as are .now allowed by law to be charged and collected by
the collectors and other officers of customs.
Certain terri- Sec. 4. And he it further enacted, That all the territory, harbors, and
^7id W te^Mft! waters on the eastern shore of the State of Wisconsin, bordering on Lake
waulde dUtrict. " Michigan, heretofore embraced in the district of Michilimacktnac, and

Ijing within the limits of the State of Wisconsin, shall he, and the same
are hereby, attached to and made part of the collection district of Mil-
waukie, in the State of Wisconsin,
Bonds of coW ' Sec. 5. And be it further enacted, That all bonds given by collectors of
lectors, naval customs, naval officers, surveyors, and by all officers of the customs*
w^idmd^ foroofgiout lbs United States, shall be approved by tjie commissioner of
kept customs, in whose of&ce they are now required to be filed.

THIRTY-EIGHTH CONGRESS* Sess. I. Ch. 1S1, 132* 1864. 135

Sec. 6. And be it farther enacted. That this act shall take effect from t J]^Jg£*
and after the thirtieth June* eighteen hundred and sixty-four.

Sec. 7. And be it further enacted. That the act entitled " An act to Begad of act
regulate the foreign and coasting trade on the northern, northeastern, and of 188L ch, 98,
northwestern frontiers of the United States, and for other purposes," gJ^JST"
approved second March, eighteen hundred and thirty-one, and all other
acts or parts of acts inconsistent with this act he, and die same are hereby,
repealed.

Approved, June 17. 1864.

Chap. CXXXI. — An Act to regulate the Veto Power in the Territory of Washington. June 1*?, 1864.

Beit enacted by ike Senate and House of Representatives of the United
States of America in Congress assembled, That every bill which shall Veto P ^^ *
have passed the legislative assembly of Washington Territory shall, WaSgton Te*-
before it become a law, be presented to the governor. If he approve ritory.
he shall sign it, but if not he shall return it, with his objections, to that
house in which it shall have originated, who shall enter the objections
at* large on their journal, and proceed to reconsider it If, after such
reconsideration, two thirds of that house shall agree to pass the bill, it
shall be sent, together with the objections, to the other house, by which
it shall likewise be reconsidered ; and if approved by two thirds of that
house it shall become a law. But in all such cases the votes of both
houses shall be determined by yeas and nays, and the names of the per-
sons voting for and against the bill shall be entered on the journal of
each house respectively. If any bill shall not be returned by the gov*
emor within five days (Sundays excepted) after it shall have been pre-
sented to him, the same shall be a law, in like manner as if he had signed
it, unless the legislative assembly by their adjournment prevent its re-
turn, in which case it shall not be a law.

Approved, June 17, 1864.

• Chap. CXXXIL — An Act to empower the Superannuated Fund Society of the Mary- j me X7, 1884.

land Annual Conference to hold Property in the District of Columbia and to take a —

Devise under the Will of the late WUHam Doughty.

Whereas a certain William Doughty, of Georgetown, in the District The Superan-
of Columbia, by his last will, bearing date on the twenty-ninth day of KJ^JWjST
April, eighteen hundred and fifty-nine, duly admitted to probate, devised & c .f certain prop-
and bequeathed certain real and personal property and estate — part erty in the Di*;
thereof to take effect at his death, and the residue at "the death or mar- tnctok Columb ^
riage of bis widow— io a society incorporated by act of the general
assembly of Maryland, by toe name of " The Superannuated Fund Soci-
ety of the Maryland Annual Conference," and called in said will The
Superannuated Fund Society of the Methodist Protestant Church for the
District of Maryland ; and whereas it has been questioned whether the
said corporation can lawfully take and hold the said property, in virtue
of said last will, without the leave and assent of congress: Therefore —

Be it enacted by the Senate and House of Representatives of the United
'States of America in Congress assembled, That the assent of congress
is hereby given to all and every the aforementioned devises and bequests
unto " The Superannuated Fund Society of the Maryland Annual Con-
ference " aforesaid ; and the said society and body corporate is hereby
fully authorized and empowered to take and hold the said property and
estate devised and bequeathed to it as aforesaid, agreeably to the tenor
and provisions of the said last will, and to dispose of and enjoy the same
to every intent and effect as if the said society had been originally incor-
porated by act of congress*

Sec. 2. And be it further enacted, That the said corporation is here- property, real
by empowered to hold real and personal property located in the District and persona), to

136 TfflBTY-EIGHTH CONGRESS. Sess-L Ch, 132, 133- 1864

yield an inromeof of Columbia acquired, or that shall be acquired by gift, purchase, devise,
not over $20,000. or bequest, and the same enjoy, rent, lease, or convey, at pleasure, as

freely as any person or body corporate can do : Provided, That the net
yearly income thereof shall not exceed twenty thousand dollars.
When act takes Seo. B. And be it further enacted, That this act shall take effect
effect. from the day of its passage.

Approved, June 17, 1864*

June 17, 1864. Chap. Cx AAI I L — An Act to grant the Right of Preemption to certain Settlers on the

Bancho Botsa ae Tomales, in the State of California.

Be it enaeted by the Senate and Souse of Representatives of the United
\i<38urvev* to be ^ ties of America in Congress assembled, That it may and shall be lawful
extended over for the commissioner of the general land office to cause the lines of
the Kancho Bolsa the public surveys to be extended over the tract of country known as the
Ma£n^St£ Bancho Bolsa de Tomales, in Marin County, California, the claim to
California. "* which, by James D. Gaibraith, has been adjudged invalid by the su-
preme court of the United States, and to have approved plats therepf
duly returned to the proper district land office : Provided, That the
Actual cost to actual cost of such survey and platting shall first be paid into the survey-
be paid. } Q g fanci by settlers, according to the requirements of the tenth section
1862, ch. 88, § 10. of the act of congress approved thirtieth of May, eighteen hundred and
Vol. xii. p. 410. sixty-two, u to reduce the expenses of the survey and sale of the public
lands in the United States*"
Settlers may Sec. 2. And be it farther enacted. That after the return of such
enter their lands approved plats to the district office, it may and shall be lawful for indi-
after the survey, y^ua^ settlers upon the said Rancho Bolsa de Tomales, to enter, accord-
ing to the lines of the public surveys, at one dollar and twenty-five cents
per acre, the land settled upon by them to the extent to which the same
had been reduced to possession at the time of said adjudication of said
Joint entries, supreme court, joint entries being admissible by coterminous proprietors,
in order that their respective boundaries may be adjusted in accordance
with their several possessions.
Claims to be Sbo. 3. And be it further enacted, That all claims within the pur-
j»esei^mthfai v ^ ew c f this act shall be presented to the register and receiver within

twelve months after the return of such surveys to the district land office,
accompanied by proof of settlement, and the extent to which the tracts
claimed had been reduced into possession at the time of said adjudica-
tion ; and thereupon each case shall be adjudged by tfie register and
Decision of receiver, under such instructions as shall be given by the commissioner
register, &Cy to of the general land office, to whom the proof and adjudication shall
be confirmed. be ^turned by the local land office, and no adjudication shall be final
Confirmation until confirmed by the said commissioner : Provided, That the confirma-
to be final. tion by said commissioner shall be conclusive and final between coter-
minous proprietors, and the correctness thereof shall not be open to
contestation \a any action at law or suit in equity between them or be-
tween parties claiming under them by title subsequent: And provided,
Claims not Jurther, That any claim not brought before the register and receiver
to be^barred. 1116 ' twelve months, as aforesaid, shall be barred, and the lands covered

thereby, with any other tracts within the limits of said rancho, the titles
to which are not established under tins act, shall be dealt with as other
public lands, but subject to the adjudicated boundaries of the claims which
Limit of are presented within the limit of the time prescribed as 'aforesaid : Pro-
amount to be en- vided, That no person under the provisions of this act shall be allowed

to enter a greater quantity of land than three hundred and twentv acres*
Approved, June 17, 1864

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 134, 135, 136. 1864, 137

Chap. CXXX1V.— An Act extending the Time for the Completion of the Marquette and Jane 18, 1864,

Ontonagon Railroad, of the State of Michigan. Pab. ges. fto.

Be it enacted by the Senate and Bouse of Representatives of the United Post * 409 *
States of America in Congress assembled, That the time limited for the Time for com-
completion of the Marquette and -Ontonagon railroad, of the State of i***?*!! !fe
Michigan, be, and the same is hereby, exuded for the 4rm of five years EgS
beyond the time fixed for its completion by the act of congress of Jane extended,
third, A. D. eighteen hundred and fifty-six, entitled " An act making a 1856, eh. 44.
grant of alternate sections of the public lands to the State of Michigan Vol. si* p. 2L
to aid in the construction of certain railroads in said state, and for other
purposes : " Provided, That the State of Michigan shall have the same Proviso,
control over the said grant of lands hereby extended for five years, for
the benefit of said railroad, which was given to said state under said
original act of congress ; and said state may prescribe the time within
which the several sections of said road shall be completed*

Approved, June 18, 1864.

Chap. VXXXV. —An Act to amend an Act entitled "An Act to enable the People of Colo- June 18, 1864.
rado to forma Constitution and State Government, and for the Admission of such State 1864, ch. 87,
into the Union en an equal Footing with the original States." § 5.

Be it enacted by the Senate and Home of Representatives of the United Jnte% p# ***
States of America in Congress assembled, That so much of the fifth Vote upon ac-
section of the act to which this act is an amendment as provides by ordi- eeptaaee, &c, of
nance for submitting the constitution to the people of said state for their XSStSmSi
ratification or rejection, at an election to be held on the second Tuesday Tuesday in Sep-
of October, be so amended as to read, on the second Tuesday in Septem- tember.
ber, and that the election, for the purposes aforesaid, be held on that day,
instead of the second Tuesday in October.

Approved, June 18, 1864

Chap. CXXXVX — An Act making Appropriations fir the Consular and Diplomatic Jane 20, 1864.

Expenses of the Government fir the Year ending fortieth June, eighteen hundred and

swig-five, and for other Purposes.

Be it enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assemMedf That the following sums be, Consular and
and the same are hereby, appropriated, out of any money in the treasury Sttonf *^ 10 "
not otherwise appropriated, for the objects hereafter expressed, for the
fiscal year ending the thirtieth of June, eighteen hundred and sixty-five,
namely : —

For salaries of envoys extraordinary, ministers, and commissioners of Salaries of en*
the United States at Groat Britain, France, Russia Prussia, Spain, Au*. IS&SbSS-
tria, Brazil, Mexico, China, Italy, Chili, Peru, Portugal, Switzerland, en;
Borne, Belgium, Holland, Denmark, Sweden, Turkey, New Granada,
Bolivia, Ecuador, Venezuela, Guatemala, Nicaragua, Sandwich Islands,
Costa Rica, Honduras, Argentine Confederation, Paraguay, Japan, and
Salvador, three hundred and eight thousand five hundred dollars.

For salaries of secretaries of legation, thirty thousand dollars. of secretaries

For salaries of assistant secretaries of legation at iLondon and Paris, ^ofassfetant
^hree thousand dollars* secretaries;

For salary of the interpreter to the legation to China, five thousand fa ^i Dter ?E?£^ 1
dollars. and Japan.

For salary of the secretary of legation to Turkey, acting as interpreter,
three thousand dollars*

For salary of the interpreter to the legation to Japan, two thousand
five hundred dollars.

For contingent expenses of all the .missions abroad, sixty thousand contingent ex-
dollars. peases.

For contingent expenses of foreign intercourse, eighty thousand dol-
lars.

12*

138

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 136. 1864

BarbaiyJtWers.

Consulates in
the Turkish do-
minions.

American sea*
men.

Cemetery at
Constantinople.

Rewards to
masters, &c, for
resetting, &c

Blank books,
stationery, &c

Office-rent of
certain consuls-
general, &c

Salaries of con-
suls-general and
consois.

Consulates-
general.

Consulates.

For expenses of intercourse with the Barbary Powers, three thousand
dollars*

For expenses of the consulates in the Turkish dominions, namely, in-
terpreters, guards, and other expenses of the consulates at 'Constantinople.
Smyrna, Candia, Alexandria, and Beirut, two thousand fire hundred
dollars.

For the relief and protection of American seamen in foreign countries,
two hundred thousand dollars*

For the contribution of the United * States to the completion of a new
cemetery at Constantinople, to receive the remains of American citizens
transferred from an old burial-place, and also as a place for future inter-
ments* eighteen hundred dollars*

For expenses which may be incurred in acknowledging the services of
the masters and crews of foreign vessels in rescuing citizens of the
United States from shipwreck, five thousand dollars*

For the purchase of blank books, stationery, book-cases* arms of the
United States, seals, presses, and flags, and for the payment of postages,
and miscellaneous expenses of the consuls of the United States, including
loss by exchange, sixty thousand dollars.

For office* rent for those consuls-general, consuls, and commercial
agents who are not allowed to trade, including loss bv exchange thereon,
fk% thousand dollars.

For salaries of consuls-general, consuls, commercial agents* and thir-
teen consular clerks, namely ; —

I CONSULATES-GENERAL.

SCHEDULE B.

Alexandria, Calcutta, Constantinople, Frankfort-on-the-Main, Havana,
Montreal, Shanghai ; and the consul-general at Alexandria shall have the
name and title of agent and jxmsttl-general.

HI. CONSULATES.

%

SCHEDULE B*

Acapulco, Aix-larChapelle, Algiers, Amoy, Amsterdam, Antwerp,
Aspinwall, Aux G&yes* Bahia, Barcelona, Bankok, Basle, Belfast, Beirut,
Bergen, Bwrmuda, [Bermuda,] Bilbao, Buenos Ayres, Bordeaux, Bre-
men, Bristol, Brindisi, Boulogne, Cadiz, Callao, Candia, Canton, Carding
Chin-Kiang, Clifton, Coaticook, Cork, Curacoa, Demarara, Dundee,
Elsinore, Erie, Foo-Choo, Foncbal, Galatz, Gaspe* Basin, Geneva,
Genoa, Gibraltar, Glasgow, Goderich, Gottenburg^ Gktaymas, Halifax,
Hamburg, Havre, Honolulu, Hong-Kong, Jerusalem, Kanagawa, King-
ston, Kingston in Canada, La Rochelle, Laguayra, Lahaina, La Paz, La
Union, Leeds, Leghorn, Leipsic, Lisbon, Liverpool, London, Lyons,
Macao, Malaga, Malta, Manchester, Manzanillo, Maracaibo, Matanzas,
Marseilles, Mauritius, Melbourne, Messina, Moscow, Munich, Nagasaki,
Nantes, Naples, Nassau, W. I*, Newcastle, Nice, Odessa, Oporto, Paler-
mo, Panama, Paramaribo, Paris, Pemambuco, Picton, Ponce, Port Ma-
hon, Prescott, Prince Edward Island, Quebec, Revel, Rio de Janeiro,
Rotterdam, San Juan del Sur, San Juan, (Porto Rico,) Santander, San-
tiago de Cuba, Santos,tPort Sarnia, Sdo, Singapore, Smyrna, Southamp-
ton, Stockholm, St* John, N. F*, St John, N. B., St* Lambert and Lon-

fiieul, St. Petersburg St Pierre, (Martinique,) St Thomas, Stuttgaxdt,
watow, St Helena, Tabasco, Tampico, Tangier, Tehawntepec, [.Tehuante-
pec,] Toronto, Trieste, Trinidad de Cuba, Trinidad, Tripoli, Tunis,
Turk's Island, Valparaiso, Valencia, Venice, Vera Cruz, Vienna* Wind-
sor, Zurich. v

THEBTT-EIGHTH CONGRESS. S«SB.L Ch.136. 1864. 139

IV. <X)MMERCIAL AGENCIES.

SCHXDUIjB b.

Amoor River, Antigua, Balize, (Honduras,) Gaboon, Madagascar, San Onmnanbt
Joan del Norte, St Domingo, St. Mare. agMMiw '

V. CONSULATES.

• Kino

Consulates*

Cbin-1
Bankok,

Madagascar*
Nassau,

Lyons,

Barbadoes, Batavia, Bay of Islands, Gape Haytien, Cape Town, Gar*
tbagena, Ceylon, Cobjjja, Cyprus, FauMand Islands, Fayal, Guayaquil,
Tifln^ ftl^ Maranham, Matamoras, Mexico, Montevideo, Omoa, Payta,
Para, Paso del Norte, Bio Grande, Sabanilla, St Catherine, Santa Cruz,
W. L, Santiago, (Cape Verde,) Spezzia, Stettin, Tahiti, Takahuano,
Tumbez, Zanzibar.

YL COMMERCIAL AGENCIES*

SCHEDULE C*

Apia, St Paul de Loando, including loss by exchange thereon, four Commercial
hundred and seventy-seven thousand five hundred dollars. And the agencies,
salaries of the consuls at Brindisi, Gibraltar, St Helena, Boulogne, Salaries of cer-
Zurich, Clifton, Coadcook, Erie, Godericb, Kingston in Canada, Port ma con81Ud:
Saroia Prescott, St Lambert and Longuieul, Toronto and Windsor, shall of congui at
be fifteen hundred dollars each; and the salaries of the consuls at Ceylon Ceylon,
and Piraeus shall be one thousand dollars each ; and the salary of the con- Piraeus,
sol at Chin-Sang shall be three thousand dollars $ and the salary of the con-
sul at Bankok shall be two' thousand dollars; and the salary of the com-
mercial agent at Madagascar shall be two thousand dollars ; and the
salary of the consul at Nassau shall be four thousand dollars, to com-
mence after the close of the* present fiscal year, and to continue during the
present rebellion ; and the salary of the consul at Lyons shall be two
thousand dollars, to commence after the close of the present fiscal year ;
and the salary of the consul at Manchester shall be three thousand dol- Manchester,
lars, to continence after the close of the present fiscal year.

For interpreters to the consulates in China, including loss by excnange ^^^f"
thereon, five thousand eight hundred dollars. China.

For expenses incurred, under instructions from the Secretary of State, Bringing home
in bringing, home from foreign countries persons charged^with crime, and ^^^ m ^ Ig
expenses incident thereto, ten thousand dollars.

For salaries of the marshals for the consular courts in Japan, China, Marshals of
Siam, and Turkey, including loss by exchange thereon, nine thousand 00,ufte -
dollars.

For rent of prisons for American* convicts hi Japan*: China, Siam, and A ^j?°^
Turkey, and for wages of the beepers of the same, nine thousand dollars. v Jcts.

For salaries of commissioners and consul-general to Hayti and Libe- Cominisrioneis,
rla, eleven thousand five hundred dollars. fisSu 1

For expenses under the act of congress to carry into effect the treaty Suppression of
between the United States and her Britannic Majesty for the suppression
of the African slave-trade, seventeen thousand dollars. * ises, ch. 140.

Sec. 2. And be it further enacted^ That the President be, and is VoLxU., p. 581.
hereby, authorized, whenever he shall think the public good will be pro- ^S wnsXr
moted thereby, to appoint consular clerks, not exceeding thirteen in num- clerks,
ber at any one time, who shall be citizens of the Upited States, and over
eighteen years of age at the time of their appointment, and shall be on- Age and pay.
titled to compensation for their services respectively at a rate not exceed-
ing one thousand dollars per annum, to be determined by the President ;
and to assign such clerks, from time to time, to such consulates and with
audi duties as he shall direct ; and before the appointment of any such Duties.

140 TIHRTT EICHTH CONGRESS. Sbss.I. Ch. 186, 187. 1864

Consular clerks, clerk shall be made, it shall be satisfactorily shown to the Secretary of

Examination. State, after due examination and report by an examining board, that
the applicant is qualified and fit for the duties to which he shall be
assigned ; and such report shall be laid before the President And no

Hot to be re- clerk so appointed shall be removed from office except for cause stated
moved except for in writing, which shall be submitted to congress at the session first fol-
cauae * lowing such removal.

Repeal of $ 3 of Sec. 8. And be it further enacted, That Hie third section of an act
act of 1859, ch. entitled "An act making appropriations for the consular and diplomatic

Vol. xi. p. 404. expenses of the government for the year ending the thirtieth of June,
eighteen hundred and sixty" approved March third, eighteen hundred

Pees of consul- and fifty-nine, is hereby repealed. And the fee for certifying invoices to
g^ral frr Brit- be charged by the consul-general for the British North American Prov-
inces* and^^ inces, and his subordinate consular, officers and agents, for goods not
ordinate*, for ceiv exceeding one hundred dollars in value, shall be one dollar, and the same
tifying invoices, fa sna u fc e charged for certifying the growth or production of goods

Certificate of made dutyfree by the reciprocity treaty: Provided, however, That no
growth not re- such certificate of growth or production shall be required for goods not
c ^ dincertain exceeding in value the sum of two hundred dollars.

Office of com- Sec. 4. And be it furtlier enacted. That the office of commercial agent
mercial agent at at Hakodadi, Japan, may, at the discretion of the Secretary of State, be
Hatodad^inay changed to that of consul, to be classed with consuls other than those
thatoTc^ul. named in schedule B and C in the act approved August eighteen,

185S, ch. 127. eighteen hundred and fifty-six.

Vol. xi. p. 52. Approved, June 20, 1864.

June 20, 1864. Chap. OXXXVJLL — An Act granting Lands to the JState of Michigan for the Construc-
tion of certain Wagon-Boadsfor Military and Postal Purposes*

Be it enacted bp the Senate and House of Representatives of the United
States of America in Congress assembled. That there be, and hereby is,
Lands granted granted to the State of Michigan, for the construction of a wagon-road
to Michigan for f or military and postal purposes, from Saginaw City, in said state, by
sX n aw°to^ m shortest and most feasible route to the Straits of Mackinaw, every
Straits of HackK alternate or odd section of public land not mineral, for three miles in

width on each side of said road to the extent of three sections tojthe mile.
BaoiS to™ 1 " 1 Also for a road from Grand Rapids, in said state, through Newaygo,
Straits of Mack- Traverse City, and Little Traverse, to the Straits of Mackinaw, every
inaw. alternate or odd section of public land, not mineral, for three sections in

width on each side of said road to the extent of three sections to the mile.
If anv lands And it is hereby provided that in case it shall appear that the United
gran id^th 8 States shall have (when the fines or routes of said roads are definitely
tobegtv^TM established) sold or reserved any sections or parts of sections, granted as
lien thereof. aforesaid, or that the rights of preemption or homestead have attached to

the same, so as to leave a deficiency in the amount to be selected within
the limits designated, then it shall be the duty of the Secretary of the
Interior to select such lands from the odd sections, or parts of sections,
nearest to the three-mile limits aforesaid, such quantity as shall be neces-
sary to make up the deficiency thus created : Provided, further, That
lands, how to the lands hereby granted shall be exclusively reserved, held, and applied
IwapipUedand ; n the construction of said roads, and shall be appropriated and disposed
dfep08e ^ of only as the work progresses, in quantities and under such regulations

and restrictions as the state shall provide; and in no event shall they be
appropriated or disposed of for any other purpose whatsoever.
Lands hereto- Sec. 2. And be it further enacted, That any and all lands heretofore
fore reserved, ex- reserved to the United States by any act of congress, or in any other .
olJetaUo^of^te manner by competent authority, for any public work, or for any other
ait purpose whatsoever, be, and the same are hereby, reserved to the United

States from the operation of this act, except so far as it may be necessary

i

THIETY-EIGHTH CONGRESS. Sess. L Ch. 137, 188. 1864,

141

to locate the routes of said roads through such reserved lands; in which
case the rights of way shall he, and are herehy, granted, subject to the Bights of way-
approval of the President of the United States* granted.

Sec S. And be U further enacted, That said roads shall be located, WaguMroads.
surveyed, and constructed, under the direction of such agents or commis- *"
sioners as the governor may appoint, and shall be chopped out a uniform
width of at least six rods. The road-bed proper to he not less than
thirty-two feet wide, and constructed with ample ditches on both sides,
so as to afford sufficient drains, with good and substantial bridges and
proper culverts and sluices where necessary. All stumps and roots to
be thoroughly grubbed out between the ditches the entire length of
said road, the central portion of which to be sufficiently raised to afford
a dry road-bed by means of drainage from the centre to the side ditches ;
the hills to be levelled and valleys raised so as to make as easy a grade
as practicable.

Sec. 4. And be it further enacted. That when the governor of the
State of Michigan shall furnish the Secretary of the Interior with maps
and charts showing the definite location of the line of each of said roads,
it shall be his duty to have the land granted to each of said roads with- Land granted,
held from market, and reserved exclusively for the purposes aforesaid* J^^^^,
And when the said governor shall certify to the, Secretary of the Inferior
that any ten consecutive miles of either of said roads have been com-
pleted under the provisions of this act, and in accordance with the third
section thereof, stating definitely where said completed section of road
commences and where it terminates, it shall be the duty of the said secre- _
tary to cause patents to issue to said state for three sections of land for grated lands,
each mile of road thus completed, as aforesaid, and so on until the whole when to issue,
of said roads is completed: Provided, That no patents shall be given for Proviso,
any of the aforesaid lands before the completion of ten consecutive miles
of road, or for any road, or for any part of any road, made before the
passage of this act, or for any greater quantity than thirty sections for
each ten miles completed according to the provisions of tins act. Noth-
ing in this proviso, however, shall be construed so as to prevent the
application of so much of the said three sections per mile as may be
necessary to finish any part of said roads partly made before the passage
of this act.

Sso. 5. And be it further enacted, That this grant is made upon the Express condi-
express conditions that the roads shall be and remain public highways, »^ tohe
free from all toll and other charges ; and that if any portion of said roads p^lte highways,
shall remain uncompleted for a period of more than five years from the and be completed
approval of this act by the President, the lands granted for such portion *****
shall revert to the United States.

Approved, June 20, 1864.

Chap. OXXXVUL — An Act to amend an Act entitled " An Act to provide for the Jane 20,
Payment of the Claims of Peruvian Citizens, under the Convention between the United — — —
States ana Peru of the twelfth of January, eighteen hundred and stztytkree," approved lw4, ch. 10x»
June first, eighteen hundred and sizly-f our. .Arte, p. TO.

Be it enacted by the Senate and Mouse of Representatives of the United
States of America in Vongress assembled, That the act entitled An act to ^^^^jj^t oi
provide for the payment of the claims of Peruvian citizens, under the ihe^m«afof
convention between the United States and, Peru of the twelfth of Jan- claims of Pertwi-
uary, eighteen hundred and sixty-three, approved June first, eighteen
hundred and sixty-four, be amended as follows : after the word January
strike out the word last, and insert in lieu thereof the words eighteen
hundred and sixty-three!, and said law be, and is hereby, further amended
so as to authorize the Secretary of State to pay to each of the persons
mentioned in said act the interest that may be found due in accordance

142 THIRTY-EIGHTH CONGBESS. Ssss*I Off. 189, 140,141. 1864.

with the terms of the settlement of said claims, and the sum necessary
Appropriation, for such .payment is hereby appropriated oat of any money in the treas-
ury not otherwise appropriated*
Appboved, Jane 20, 1864.

Jtmefl), 1864. Chap. Q\\X\X.—An Act reqwrinq Proof of Payment of Duties on fireign Salt be*

fire Payment of the Allowances provided fir by the Acts of July twenty-ninth, eighteen
hundred and thirteen, and March third, eighteen hundred and nineteen.

Be it enacted by the Senate and House of Representatives of the United
Fishing boun- States of America in Congress assembled, tfhat the allowance of bounty
ttiSmaf 4 10 ttTtain vessels employed in the bank and other cod fisheries, as pro*
the import duly vided for in the act of July twenty-ninth, eighteen hundred and thirteen,
onfrreiga salt entitled " An act laying a duty on imported salt, granting a bounty on
SemSwbeSn pickled fish exported, and allowances to certain vessels employed in the
paid. fisheries," and the act of March third, eighteen hundred and nineteen,

V^'iiP* &mena>ator 7 thereof? shall not hereafter be paid to any such vessel until
wi x ci?B9. ' satisfactory proof shall have been furnished to the collector of customs
Vol. id. p. charged with the payment of such bounty, that the import duty imposed
by law on foreign salt imported into the United States has been duly
paid on all foreign salt used in caring the fish on which the claim to the
allowance of bounty is based*
Appboved, Jane 20* 1864.

Jtme 20, 1864. c&ap. CXL. — An Act to authorize the Secretary of the Treasury to sell the Marine

Hospital and Grounds at Chicago, Illinois, and to purchase a new Site and build a new

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the
and^unSt** treasury is hereby authorized, in his discretion, to sell the marine hos-
Chiclgo may be pital and grounds at Chicago, Illinois, the sale to be made at public auc-
sold. tion to the highest and best bidder therefor, in ready money, after giving

notice thereof six weeks in succession in two daily papers printed in the
city of Chicago* And upon sale being made, as aforesaid, tile said Secre-
tary of the Treasury is hereby authorized and empowered to make, exe-
'Htleto be cute, and deliver to the purchaser thereof a good and sufficient deed for.
tf***- die premises, conveying all the right, title, and interest of the United

States*

Proceeds to be Sac. % And be it further enacted, That oat of the proceeds of the
Sa^better^site ^ sa * e thb Secretary of the Treasury is hereby directed to purchase a
for a marine hos- new and more eligible site for a marine hospital in or near Chicago, and
pft&l* erect a new hospital thereon, which site and building shall in no event

coat more than the amount received from the sale of the hospital and
grounds which are hereby authorized to be sold ; and it is hereby provided
Possession of that the possession of the said hospital and grounds shall be retained
joesent hospital by the United States until the new hospital to be built under the provis*
StiL&cr ions of this act shall be fully completed and ready for use.

Appboved, June 20, 1884*

J une 20,1864. Crap. CXU»— -4n Act to amend an Act entitled "An Act to provide a temporary

ia*o i. *w Government fir the Territory of Idaho,** approved March third, eighteen hundred and

18p»i en. 117. sixty-three*

Vol xii. p.808. «*qr*«"»»

Be it enacted by ike Senate and Bouse of Representatives of the United
Gw«" ,0(r JW States of America in Congress assembled. That the governor of the Ter-
x25Sto^°of ritory of Idaho be, and he is hereby, authorized to reapportion said terri-
Idabofermem- tory for the election of members of the council and house of represen-
ts aaaSl£ totives o{ }e S^ lative assembly: Provided, That* said apportionment

shall be based on an enumeration of the inhabitants and qualified voters

THIRTY-EIGHTH CONGRESS. Se*s. I. Ch. 142, 148, 144. 1864 143

of the several comities and districts of the territory, to be taken by such Basia ofappor-
persons and in such mode as the governor shall designate and appoint, tfoament
and the persons so appointed shall receive a reasonable compensation
therefor, to be paid oat of the territorial treasury : Provided, further,
That this act shall not be construed to divest any member of the council Bights of mem-
elected 'at the first election in said territory, of any rights he may have ^L^^ not
acquired by virtue of said election, who was elected from any county or 2*™**
district within the present limits of the Territory of Idaho*

Sso. 2. And be U farther enacted, That the annual election in said
territory for the election of all officers provided for by the laws of said
territory, for the year eighteen hundred and sixty-four, shall be held at ^e^in 18^
such places as is now provided by law, and such other places as the gov-
ernor may direct on the second Monday of October.

Approved, June 20, 1864.

Chap. CXLTL — An Act to confirm certain Entries of Land in the StaU of Missouri. June 20, 1864,

Be U enacted by the Senate and Heme of Representatives of the United
States of America . in' Ck stress assembled, That all entries heretofore Certain entries
made under the graduation act of August fourth, eighteen hundred an d JjJiJ" 1 ^fi****"*
fifty-four, m township forty-five north, of range nine west, south of Mis- ^ ^
souri River, in the district of land subject to sale at St. Louis, Missouri, V6L x. p. 574.
shall be, and are hereby, confirmed: Provided, however, That this act Provisos,
shall not extend to any entry of land aforesaid upon which there was an
actual settler jtfher than the purchaser at the date of such entry, and that
it shall first be shown to the satisfaction of the Secretary of the Interior
that the entry has been made in good faith, and is founded upon actual
settlement and cultivation, or is for the use of an adjoining farm : Provided,
further, That the lands shall be paid for in money, or in laud warrants, to
the amount of one dollar and twenty-five cents per acre*

Approved, June 20, 1864.

Chap. CXUXL — An Act to detach the Counties of Calhoun and Branch from the Jane 20, 1864.

Western Judicial District, and annex the same to the Eastern District of the State of
* Michigan.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the counties of Calhoun Counties of
and Branch, in the State of Michigan, be, and the same are hereby, de- J^^P"" 1
tached from the western judicial district and annexed to and made a part part of eastern
of the eastern judicial district of said state. js^* 1 d* 8 ^ *

Sec. 2. And be it further enacted, That this act shall not in any man- of M"*^-
ner affect any suit or proceeding now pending in the courts in the western Pending pro-
judicial district of the State of Michigan, but the same shall be pro- cess not elected,
ceeded in and determined in said courts in the same manner as if this act
had not been passed.

Approved, June 20, 1864.

Chap. CXLIV . — An Act concerning Lands in the State of California. Jtme 20, 1864.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled* That, under the patent of the ' The land in
United States, issued on the 28th day of February, 1861, to Joseph S. Santa Barbara
jUemany, as the bishop of Monterey, and his successors, for die tract of n^^^as*"
land or rancho known as Canada de los Pinos, or College Rancho, situate Cortege Rancho,
in the County of Santa Barbara, State of California, as described in such f&!?2L^ 801 ^
patent, to have and to hold the same to him and them "in trust for the ^ecfTn^^t^
religious purposes and uses n therein mentioned, it shall be lawful for the manner.
Said Joseph S. Alemany and his successors, as the grantees of said patent,
to sell the said tract or rancho, or any part thereof, and all proper fconvey-

144

THIRTY-EIGHTH CONGRESS* Sbss.L Ch. 144, 145.' 1864.

ances in that behalf to make and deliver, and the proceeds thereof to
apply, under the direction of the Boman Catholic archbishop of San
Francisco, in the State of California, and his successors in office, or other
proper authority of the Boman Catholic church in said state, for the pur-
poses of education anywhere within said state, not inconsistent with the
laws thereof ; anything in such patent, or in the original grant or conces-
sion of said tract or rancho, or other title whereby the same was ac-
quired from and under the authorities of Spain or Mexico, to the contrary
notwithstanding; and all trusts, conditions, provisions, or covenants, prece-
dent or subsequent, expressed or implied, in said patent, grant, concession,
Breaches of or title, to the contrary hereof, and all breaches of the same, are hereby
wSwd^toe' whoDy waive<3 ? abrogated, discharged, dispensed with, and released on the
United States, part of the United States, for the purposes of this act ; and any convey-
ance or disposition made in pursuance thereof shall operate to pass aQ
the right and interest of the United States in said lands to the grantee.
AppKOVfcn, June 20, 1864

June 20, 1864. Chap. CXLV. — An Act to increase the Pavof Soldiers in the United States Army,

' " other Purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled. That on and after the first day
of May, eighteen hundred and sixty-four, and during the continuance of
Pay of non- the present rebellion,4;he pay per month of non-commissioned officers and
fi^wSdpri- 0f " P rivate8 m the notary service of the United States shall be as follows,
vates in the mili- viz : Sergeant-majors, twenty-six dollars; quartermasters and commis-
Sfe^Ss^Lw. sar y~ ser S eants °f cavalry, artillery, and infantry, twenty-two dollars ;
luted states, sergeants of cavalry, artillery, and infantry, twenty-four dollars; ser-
geants of cavalry, artillery, and infantry, twenty dollars ; sergeants of
ordnance, sappers and miners, and pontoniers, thirty-four dollars ; corpor-
als of ordnance, sappers and miners, and pontoniers, twenty dollars ; priv-
ates of engineers and ordnance of die first class, eighteen dollars, and of
the second class, sixteen dollars ; corporals of cavalry, artillery, and in-
fantry, eighteen dollars; chief buglers of cavalry, twenty-three dollars;
buglers, sixteen dollars; farriers and blacksmiths of cavalry, and arti-
ficers of artillery, eighteen dollars ; privates of cavalry, artillery, and in-
f*' Musicians," to fentry, sixteen dollars; principal musicians of artillery and infantry,
Publ d Kes/No. 68. twenty-two dollars ; leaders of brigade and regimental bands, seventy-five
Post, p. 416.] dollars ; musicians, sixteen dollars ; hospital stewards of the first class,

thirty-three dollars; hospital stewards of the second class, twenty-five
dollars ; hospital stewards of the third class, twenty-three dollars*
Army ration to Sec. 2. And be it further enacted, That the army ration shall here-
remain the same, after be the same as provided by law and regulations on the first day of
Button of pep- July, eighteen hundred and sixty-one: Provided, That the ration of pep-
P 6 ** per prescribed in the eleventh section of the "Act to promote the efficiency

of the corps of engineers and of the ordnance department, and for other
1863, ch. 78, $ purposes," approved March three, eighteen hundred and sixty-three, shall
*Vol. xii. * 744. contmue t0 ^ furnished as heretofore* But nothing contained in this act

shall be construed to alter the commutation value of rations as regulated
by existing laws.

Non-commis- Sec. 3. And be it farther enacted. That all non-commissioned officers
and whStwin privates in the regular army, serving under enlistments made prior
regular array, en- to July twenty-second, eighteen hundred and sixty-one,* shall have the
Hstedbefore July privilege of reenlisting for the term of three years in their respective
SiitandlSve*' organisations until the first day of August next; and all such non-com-
certain bounties, missioned officers and privates so reenlisting shall be entitled to the
P Pto*? es "^o" DOUn ties mentioned in the joint rf solution of congress approved January
ott, p. 4W. t y rte6n) eighteen hundred and sixty-four.

Sec. 4. And be %t further enacted, That there be added to the battalion

«

THIRTT-EIGHTH CONGRESS. Sess. L Ch. 146, 147. 1864

145

of engineers one sergeant-major, who shall be paid thirty-six dollars per Sergeant-major
month, and one quartermaster-sergeant, who shall also be commissary- JSiJ^^^^*"
sergeant, who shall be paid twenty-two dollars per month. battalion of en*

Sec. 5. And be it farther enacted. That there shall be attached to, gmeers; pay.
and made a part of, the War Department, during the continuance of the
present rebellion, a bureau, to be known as the Bureau of Military Jus- Burean of mili-
tice, to which shall be returned for revision the records and proceeding-* ^^ llf!ticoe * ta ' > "
of all the. courts-martial, courts of inquiry, and military commissions of
the armies of the United States, and in which a record shall be kept of
all proceedings had thereupon;

Sec. 6. And be it further enacted, That the President shall appoint, Judge advo-
by and with the advice and consent of tiie Senate, as the head of said ^ head of ' *°
bureau, a judge advocate-general, with the rank, pay, and allowances bureau. 1
of a brigadier-general, and an assistant judge advocate-general, with the A***!? 1 * J urt & e
rank, pay, and allowances of a colonel of cavalry. And the said judge * x £dr duties? 1
advocate-general and his assistant shall receive, revise, and have recorded
the proceedings of the courts-martial, courts of inquiry, and military
commissions of the armies of the United States, and perform such other
duties as have heretofore been performed by the judge advocate-general
of the armies of the United States.

Sec* 7. And be it further enacted, That die Secretary of War shall clerks in said
have power to appoint for said bureau* one fourth-class, one third-class, bureau,
one second-class, and two first-class clerks.

Sec. 8. And be it further enacted. That in all cases where the govern- When govern-
ment shall furmsh transportation and subsistence to discharged officers {^"gj^tlon!
and soldiers from the place of their discharge to the place of their enrol- &c M to discharged
ment or original muster into the service, they shall not be entitled to 80 *'!\ e *!' the - v nd .!
travel, pay, or commutation of subsistence. t0 tmve '

See. 9. And be it further enacted, That so much of the fifth section Repeal oflaw
of the act entitled u An act to authorize the employment of volunteers to jSnvJreln^rK
aid in enforcing the laws and protecting the public property" approved vates of cavalry
July twenty-second, one thousand eight hundred and sixty-one, as pro- furnishing horses
vides that each company officer, non-commissioned officer, private, mu- ^J^SfhS'fJ.
sician, and artificer of cavalry, shall furnish his own horse and horse Vol. xii. p. 2S9.
equipments, and shall receive forty cents per day for their use an<J risk,
is hereby repealed, except only so far as the same may hereafter be made
to apply and relate to mounted troops called into die service of the
United States for a term not exceeding six months.

Seo. 10. And be it further enacted, That from and after the passage p ay f clerks
of this act the pay of clerks of paymasters in the army of the United of army pay-
States shall be twelve hundred dollars per annum, without rations. masters.

Seo* 11. And be it farther enacted, That the thirty-first section of an Pay, &c, may
act entitled * An act for enrolling and calling out the national forces, and during learo of
for other purposes," approved March third, one thousand eight hundred absence, under
and sixty-three, be, and the same is hereby, so amended as that an officer certain circam-
may have, when allowed by order of his proper commander, leave of 8t a86^ c h,75,§
absence for other cause than sickness or wounds, without deduction from 31. *
his pay or allowances t Provided, That the aggregate of such absence Vo pjJJjJJL ^
shall not exceed thirty days in any one year. Fab. Res. No. 67.

Seo. 12. And be it further enacted, That all laws and parts of laws P* 410.
inconsistent with the provisions of this act are hereby repealed. efcase?*

Approved, June 20, 1864

Chap. CXLVTL — An Act making Appropriations fir the Legislative, Executive, mid Jane 25, 1864.
Judicial Expenses of the Government fir the Year ending June thirtieth, eighteen hundred ~ —
and sixty-Jive, and fir other Purposes*

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums be, and
vol. xiu. Pub. — 13

146

THIRTY-EIGHTH CONGBESS. Sess.1. Ch. U7. 1864.

Legislative, ex«
ecative. &c, ex-
pense* appropri-
ation.

t Legislative.

Pay, &c, of
senators;

of officers of
Senate.

Contingent ex*
pensea.
Stationery.

Newspaper*.

Globe.

Additional pay
to reporters.

Pages, horses,

Heating and
ventilating.

Pay, &c.j of
representatives;

of officers of
House.

the same are hereby, appropriated, out of any money in the treasury net
otherwise appropriated, for the objects hereinafter expressed, for the fiscal
year ending the thirtieth of June, eighteen hundred and sixty-five, namely:

Legislative* — For compensation and mileage of senators, two hundred
and forty-seven thousand four hundred and thirty dollars.

For compensation of the officers, clerks, messengers, and others receiv-
ing an annual salary in the service of the Senate, viz : secretary of the
Senate, three thousand six hundred dollars ; officer charged with disburse*
ments of the Senate, four hundred and eighty dollars ; chief clerk, two
thousand five hundred dollars; principal clerk and principal executive
clerk in the office of the secretary of the Senate, at two thousand one
hundred and sixty dollars each ; eight clerks in office of the secretary of
the Senate, at one thousand eight hundred and fifty dollars each ; keeper
of the stationery, one thousand seven hundred and fifty-two dollars; two
messengers^ at one thousand and eighty dollars each; one* page, at five
hundred dollars ; sergeant-at-arms and doorkeeper, two thousand dollars ;
assistant doorkeeper, one thousand seven hundred dollars ; postmaster to
the Senate, one thousand seven hundred and fifty dollars ; assistant post-
master and mail-carrier, one thousand four hundred and forty dollars;
two mail-boys, at nine hundred dollars each ; superintendent of the docu-
ment room, one thousand five hundred dollars; two assistants in document
room, at one thousand two hundred dollars each ; superintendent of the
folding-room, one thousand five hundred dollars ; two messengers, acting
as assistant doorkeepers, at one thousand five hundred dollars each;
seventeen messengers, at one thousand two hundred dollars each ; clerk
or secretary to the president of the Senate, one thousand seven hundred
and fifty-two dollars ; clerk to the committee on finance, one thousand eight
hundred and fifty dollars ; clerk to the committee on claims, one thousand
eight hundred and fifty dollars ; clerk of printing records, one thousand
eight hundred and fifty dollars ; superintendent in charge of the furnaces,
one thousand two hundred dollars ; assistant in charge of furnaces, six
hundred dollars ; laborer in charge of private passages, six hundred dol-
lars j two laborers at six hundred dollars each ; chaplain to the Senate,
seven hundred and fifty dollars ; captain of the capitol police, eight hun-
dred and seventy dollars ; capitol police, eleven thousand eight hundred
and eighty dollars ; one policeman four hundred and eighty dollars, mak-
ing ninety-two thousand four hundred and eighty-four dollars*
For contingent expenses of the Senate, viz : —

For stationery, twenty-two thousand dollars.

For newspapers, three thousand dollars.

For Congressional Globe, twenty thousand dollars*

For reporting proceedings in the Daily Globe for the second session of
the thirty-eighth congress, twelve thousand dollars*

For the usual additional compensation to the reporters of the Senate
for the Congressional Globe for reporting the proceedings of the Senate
for the second regular session of the thirty-eight congress, eight hundred
dollars each, lour thousand dollars*

For clerks to committees, pages, horses, and carryalls, eighteen thou-
sand dollars.

For expenses of healing and ventilating apparatus, sixteen thousand
dollars.

For miscellaneous items, thirty-five thousand dollars. •
For compensation and mileage of members of the House of Represen-
tatives and delegates* from territories, nine hundred and ninety thousand
eight hundred and sixty dollars.

For compensation of the officers, clerks, messengers, and others receiv-
ing an annual salary in the service of the House of Representatives, viz
clerk of the House of Representatives, three thousand six hundred dol-
lars; chief clerk aud one assistant clerk, At- two thousand one hundred

THIKTY-EIGHTH CONGRESS. Sess. I Ch* 147. 1864.

147

and sixty dollars each; eleven clerks, at one thousand eight hundred
dollars each ; principal messenger in the office, at four dollars and eighty
cents per day, one thousand seven hundred and fifty-two dollars ; three
messengers, at one thousand two hundred dollars each ; messenger to the
speaker, at four dollars and eighty cents per day, one thousand seven hun-
dred and fifty-two dollars; clerk to the committee of ways and means,
one thousand eight hundred dollars ; clerk to the committee of claims, one
thousand eight hundred dollars ; clerk to committee on public lands, one
thousand eight hundred dollars ; sergeant-at-arms, two thousand one hun-
dred and sixty dollars ; clerk to the sergeant-at-arms, one thousand eight
hundred dollars ; messenger to the sergeant-at-arms, one thousand two
hundred dollars; postmaster, two thousand one hundred and sixty dollars;
assistant postmaster, one thousand seven hundred and forty dollars ; four
messengers, at one thousand four hundred and forty dollars each ; two
mail-boys, at nine hundred dollars each; captain of the capitol police,
eight hundred and seventy dollars ; capitol police, eleven thousand eight
hundred and eighty dollars; one policeman, four hundred and eighty
dollars ; doorkeeper, two thousand one hundred and sixty dollars ; super-
intendent of the folding-room, one thousand eight hundred dollars ; two
messengers*, at one thousand seven hundred and fifty-two dollars each ;
one messenger, at one thousand seven hundred and forty dollars; five
messengers, at one thousand five hundred dollars each ; six messengers,
at one thousand two hundred dollars each; twelve messengers, to be
employed during the session of congress, at the rate of one thousand
two hundred dollars per annum ; chaplain to the House of Bepresenta-
tives, seven hundred and fifty dollars; making ninety-eight thousand
three hundred and twenty-eight dollars*

For contingent expenses of, the House of Representatives, viz : — Contingent ex-

For cartage, two thousand dollars* ^Cakaee.

For twenty-four copies of the Congressional Globe and Appendix for GlobeT
each member and deleg&te of the second regular session of the thirty-
eighth congress, and one hundred copies of the same for the House
Libnry, twenty thousand dollars*

For the compensation of clerks to committees, and temporary clerks in Clerks,
the office of the clerk of the House of Representatives, fifteen thousand
and seventy-two dollars*

For folding documents, including materials, thirty thousand dollars* Folding doca-

For fuel and lights, pay of engineers, firemen, and laborers, repairs, m Fnet, lights,
and materials, twelve thousand dollars* &c

For furniture, repairs, and packing-boxes for members, twelve thousand Furniture, &c
dollars.

For horses, carriages, and saddle-horses, seven thousand five hundred Horses, &c
dollars.

For laborers, seven thousand dollars. Laborers.
For miscellaneous items, forty thousand dollars*

For newspapers, twelve thousand five hundred dollars. Newspapers.

For pages and. temporary mail-boys, five thousand dollars* Pages.

For reporting and publishing proceedings in the Daily Globe, at seven Globe,
dollars and fifty cents per column, eight thousand dollars*

For stationery, fifteen thousand dollars* Stationery.

For the usual additional compensation to the reporters of the House Additional pay
for the Congressional Globe for reporting the proceedings of the House t0 reporters,
for the second regular session of the thirty-eighth Congress, eight hundred
dollars each, four thousand dollars.

PvMic Printing. — For compensation of the superintendent of public Public printing,
printing, and the clerks and messengers in bis office, nine thousand seven
hundred and fourteen dollars and sixty cents.

For contingent expenses of his office, viz : For stationery, postage,
advertising, furniture, travelling expenses, horses and wagons, and miscel-
laneous items, two thousand dollars.

148

THIRTY-EIGHTH CONGRESS. Sess. I Ch. 147. 1864

For the public {Hinting, including the post-office blanks, two hundred
and thirty-nine thousand one hundred and eighty-seven dollars.
Paper far print- For paper for the public printing, four hundred and sixty-five thousand
in £* one hundred and seventy-eight dollars.

Binding. For the public binding, including the Congressional Globe, two hun-

dred and fifty-two thousand two hundred and seven dollars.
Lithographing, For lithographing and engraving for the Senate and House of Bepre-

sentatives, My thousand dollars.
Mapping. For mapping in cases pending in the supreme court of the United

States, five thousand dollars.
Library of eon- Library of Congress. — For compensation of librarian, three assistant
gre8S * librarians, messenger, and three laborers, ten thousand five hundred

dollars.

For contingent expenses of said library, two thousand dollars.
For purchase of books for said library, five thousand dollars.
For purchase of law-books for said library, two thousand dollars.
European peri- To enable the joint library committee to purchase a complete file of
oditnis relating selections from European periodicals from eighteen hundred and sixty-
u> the rebellion. one to eighteen hundred and sixty-four, relating to the rebellion in

the United States, to be deposited in the library, four thousand dollars :
Provided, That no part of said sum shall be expended until the entire
collection, and an index thereto, is completed and approved by said com-
mittee.

Court of claims. . Court of Claims, — For salaries of five judges of the court of claims,
the solicitor, assistant solicitor, deputy solicitor, elerk and assistant clerk,
bailiff, and messenger thereof, thirty-six thousand three hundred dollars.

For stationery, books, fuel, lights, laborers' hire, and other contingent
and miscellaneous expenses, three thousand^ dollars.

For compensation of attorneys to attend to taking testimony, witnesses,
and commissioners, one thousand dollars.

For payments of judgments to be rendered by court of claims, pre-
vious to the thirtieth of June, eighteen hundred and sixty-five, three
hundred thousand dollars.
Executive. Executive, — For compensation of the President of the United States,
President. twenty-five thousand dollars.

Vice-President. For compensation of the Vice-President of the United States, eight thou-
sand dollars.

Secretaries, &c For compensation of secretary to sign patents for public lands, one
thousand five hundred dollars.

For compensation to the private secretary, steward, and messenger of
the President of the United States, four thousand six hundred dollars.

For contingent expenses of the Executive office, including stationery
therefor, two thousand dollars.
State Depart- Department of State. — For compensation of the Secretary of State
911611 and assistant secretary of state, chief clerk, superintendent of statistics,

clerks, messenger, assistant messenger, and laborers in his office, fifty-
seven thousand eight hundred dollars.
Contingent ex- For the incidental and contingent expenses of ike Department of State.
^Pifbifehiog — ^ or publishing the laws in pamphlet form and in newspapers of the
laws,&c states and territories, and in die city of Washington, seventeen thousand

one hundred and twenty-five dollars.

For proof-reading, and packing the laws and documents for the various
legations and consulates, including boxes and transportation of the same,
three thousand dollars.

For stationery, furniture, fixtures, and repairs, nine thousand dollars.
For miscellaneous items, two thousand five hundred dollars.
For copperplate printing, books, and maps, five thousand dollars.
For extra clerk hire and copying, ten thousand dollars.

Northeast «x- Northeast Executive Building, — For compensation of four watchmen
ecuuve building. 9 r

THIRTY-EIGHTH CONGRESS- Sbss-L On. 147. 1864

149

and two laborers of the northeast executive building, three thousand six
hundred dollars* *

For contingent expenses of said building, viz : for fuel, light, repairs,
and miscellaneous expenses, five thousand five hundred dollars*

Treasury Department. — For compensation of the Secretary of the
Treasury, two assistant secretaries of the treasury, chief clerk, clerks,
superintending architect, at a salary of three thousand dollars, assistant
architect, at a salary of two thousand dollars, messengers, assistant mes-
senger, and laborers, one hundred and sixteen thousand four hundred dollars.

For compensation of the first comptroller, chief clerk, and the clerks,
messenger, and laborers in his office, forty-three thousand three hundred
and forty dollars.

For compensation of the second comptroller, chief clerk, and the clerks,
messenger, assistant messenger; and laborer in his office, one hundred and
seven thousand one hundred and forty dollars.

For compensation of the first auditor, chief clerk, and the clerks, mes-
senger, assistant messenger, and laborer in his office, forty-seven thousand
nine hundred and forty dollars.

For compensation of the second auditor, cnief clerk, and the clerks, mes-
senger, assistant messengers, and laborers in his office, three hundred and
thirty-seven thousand three hundred and forty dollars.

For compensation of the third auditor, chief clerk, and the clerks, mes-
sengers, assistant messengers, and laborers in his office, two hundred thou-
sand one hundred and forty dollars.

For compensation of the fourth auditor, chief clerk, and the clerks, mes-
senger, and assistant messenger, and laborer in his office, one hundred and
ten thousand five hundred and forty dollars.

For compensation of the fifth auditor, chief clerk, and the clerks, mes-
senger, and laborer in his office, forty-seven thousand eight hundred and
forty dollars.

For compensation of the auditor of the treasury for the Post-Office
Department, and the clerks, messenger, assistant messenger, and laborers
in his office, one hundred and eighty-two thousand seven hundred and
forty dollars.

For compensation of the treasurer of the United States, assistant treas-
urer, cashier, assistant cashier, chiefs of divisions, chief clerk, and the
officers, clerks, messengers, employees, assistant messengers, and laborers
in his office, one hundred and seventy thousand three hundred and forty
dollars.

For compensation of the register of the treasury, assistant register, chief
clerk, and the clerks, messengers, assistant messenger, and laborers in his
office, ninety thousand eight hundred and forty dollars.

For compensation of the solicitor of the treasury, chief clerk, and the
clerks and messenger in his office, eighteen thousand three hundred and
forty dollars.

For compensation of the commissioner of customs, chief clerk, and the
clerks, messenger, and laborer in his office, twenty-eight thousand nine
hundred and ninety-three dollars and eighty-nine cents.

For compensation of the chief clerk, clerks, messenger, and laborer
of the light-house board, nine thousand two hundred and forty dollars.

For compensation of the comptroller of the currency, deputy comp-
troller, clerks, messenger, and laborer, forty-three thousand two hundred
and forty dollars.

Contingent Expenses of the Treasury Department. —

In the office of the Secretary of the Treasury : ,

For copying, labor, binding, sealing ships' registers, translating foreign
languages, advertising, and extra clerk-hire for preparing and collecting
information to be laid before congress, and for miscellaneous items, thirty
thousand dollars*

Treasury De-
partment.

let comptroller

3d comptroller.

1st auditor.

2d auditor.

8d auditor.

4th auditor.

5th auditor.

Auditor for P/-
0* Department.

Treasurer.

Solicitor*

Commissioner
of customs.

Liffht-h
board.

Comptroller of
the currency.

„ Contingent ex*
peases ofTreaa-
ury Department.

150

THIRTY-EIGHTH CONGRESS. SbsssL Ch. 147. 1864.

of 1st auditor;

of 2d auditor;

of 3d auditor;

of tem 1 * 118 ^ 011 ^ or compensation of temporary clerks in the Treasury Department:
cWfcs!* 01 * 17 Provided, That the Secretary of the Treasury be, and he is hereby,
Cferto may be authorized in his discretion, to classify the clerks authorized according to
classified, &c the character of their services, or assign to such of them as he shall -see

fit any compensation not exceeding that of clerks of the first class, one
hundred thousand dollars.
Contingent ex- In the office of the first comptroller :

GTconiptrolier; ^ or furniture, stationery, public documents, state and territorial statutes,
' and miscellaneous items, one thousand five hundred dollars*
of 2dcomptrol- In the office of the second comptroller ;

ler > For stationery and miscellaneous items, including subscription to one

city newspaper, to be bound and preserved for the use of the office, one
thousand five hundred dollars*

In the office of the first auditor :
For stationery and miscellaneous items, one thousand three hundred
dollars*

In the office of the second auditor :
For stationery, office furniture, and miscellaneous items, including two
of the city newspapers, to be filed and preserved for the use of the office,
and for additional office furniture and stationery, fifteen thousand dollars*

In the office of the third auditor :
For stationery, office furniture, carpeting, two newspapers, preserving
files and papers, bounty-land service, and miscellaneous items, four thou-
sand dollars.

In the office of the fourth auditor :
For contingent expenses of the office, one thousand five hundred dol-
lars.

In the office of the fifth auditor :
For stationery, postage, and miscellaneous expenses, in which are in-
cluded two daily newspapers, one thousand five hundred dollars.
In the office of the auditor of the treasury for the Post-Office

Department :

For furniture, carpeting, stationery, labor, light, ice, and miscellaneous
items, three thousand dollars.

In the office of the treasurer:
For contingent expenses of the office, and to meet increase of expendi-
tures mainly consequent upon the increase of business and the completion
of new rooms, five thousand dollars.

In the office of the register :
For stationery, arranging and binding cancelled marine papers, cases
for official papers and records, and miscellaneous, items, including office
furniture, six thousand dollars.

Office of the solicitor of the treasury :
For stationery, labor, and miscellaneous items, and for statutes and
reports, two thousand dollars,
ofoommfe- Office of the commissioner of customs :

sioner of customs; For stationery, miscellaneous items, and office furniture, one thousand

dollars.

Light-house board :
For stationery, miscellaneous expenses, and postage, six hundred dol-
lars.

Office of the comptroller of the currency :
For stationery, furniture, and miscellaneous items, six thousand dollars.
For the general purposes of the southeast executive building, including
ecuttve building. ^ eoctendon. — For compensation of twelve watchmen and eleven labor-
ers of the southeast executive building, thirteen thousand eight hundred
dollars.

For contingent expenses of said building, viz : for fuel, light, labor, and
miscellaneous items, fifty-six thousand eight hundred and ten dollars*

of 4th auditor;

of 5th auditor j

of auditor for
P.-O. Depart-
ment;

of treasurer;

of register;

of solicitor;

of light-house
board;

of comptroller
of the currency;

Southeast ex*

THIRTY-EIGHTH CONGRESS. Sess* L Ch. 147* 1864

131

Department of the Interior. — For compensation of die Secretary of the Department of
Interior, assistant secretary, chief clerk, and the clerks, messenger, assist- *p^^f!!!£™.
ant messengers, watchmen, and laborers in his office, forty-five thousand tarjv&c;
nine hundred dollars.

For compensation of the commissioner of the general land-office, chief of commission-
clerk, recorder, draughtsman, assistant draughtsman, clerks, messengers, j^fgene^
assistant messengers, packers, watchmen, and laborers in his office, one '
hundred and seventy-five thousand four hundred and forty dollars*

For compensation of additional clerks in the general land office, under of additional
the act of third March, one thousand eight hundred and fifty-five, granting ^^j^ ^ ^
bounty land, and for laborers employed therein, fifty-eight thousand four Vol. x* p. 701.
hundred dollars : Provided, That the Secretary of 4he Interior, at his dis-
cretion, shall be, and he is hereby, authorized to use any portion of said
appropriation for piece-work, or bv the day, week, month, or year, at
such rate or rates as he may deem just and lair, not exceeding a salary of
twelve hundred dollars per annum*

For compensation of the commissioner of Indian affairs, chief clerk, of commissioner
and the clerks, messenger, assistant messenger, watchmen, and laborer in of Indian affair*;
his office, thirty-one thousand nine nundred and forty dollars*

For compensation of the commissioner of pensions, chief clerk, and of commissioner
the clerks, messengers, assistant messengers, watchman, and laborers in P 60810 * 8 *
his office, two hundred and fifteen thousand three hundred and forty dol-
lars*

For additional clerks in the pension bureau, during the remainder of of additional
the present fiscal year and the fiscal year ending the thirtieth day of c ^ eri8 *
June, eighteen hundred and sixty-five, the sum of twenty-one thousand
dollars : Provided, That the Secretary of the Interior, at his discretion,
shall be, and is hereby, authorized to use any portion of said appropriation
for piece-work, or by the day, week, month, or year, at such rate or rates
as he may deem just and fair, not exceeding a salary of twelve hundred
dollars per annum.

For salary and travelling expenses of a special agent, two thousand
five hundred dollars*

For compensation of the commissioner of public buildings and the of commissioner
clerk and messenger in his office, four thousand two hundred dollars. of public build-

Contingent Expenses — Department of ike Interior* Contingent ex-

Office of the Secretary of the Interior : peases.

For stationery, furniture, fuel, lights, and other contingencies, and fpr jJ^tilSSt'
books and maps for the library, seven thousand dollars* rtor;

For casual repairs of the patent-office building, three thousand dollars*

For expenses of packing and distributing congressional journals- and
documents, in pursuance of the provisions contained in the joint resolu- Vol* xL p. 253.
tion of congress, approved twenty-eighth January, eighteen hundred and y 1 ^^*^ Si
fifty-seven, and act fifth February, eighteen hundred and fifty-nine, six ° p '
thousand dollars*

For fuel and lights for the patent-office building, fourteen thousand
dollars.

Office of Indian Affairs : of Indian

For stationery, and miscellaneous items, including two of the daily affi * iES *
city newspapers, to be filed, bound, and preserved for the use of the office,
four thousand dollars*

Office of the Commissioner of Pensions : J* commissioner

For stationery, engraving, and retouching plates for bounty land war- ^P 611810115 *
rants, and binding the same, office furniture, and repairing the same, and
miscellaneous items, including two city daily newspapers, to be filed,
bound, and preserved for the use of the office, twelve thousand dollars.

Office of the Commissioner of Public Buildings : Office of

For stationery, plans, drawings, and other contingent expenses Of his SfttStt.
office, five hundred dollars.

152

THJLKTT-EIGHTH CONGRESS. Sess.L Ch. 147. 1864

eral and their
clerks*

Expenses of
courts of the
United States,
safe-keeping of
prisoners, and
prosecution of
crime*

h Surveyors* General and their Clerks. — For compensation of the sur-
veyor-general of Wisconsin and Iowa, and the clerks in his office, seven
thousand six hundred and twenty-one dollars.

For compensation of the surveyor-general of Oregon, and the clerks
in his office, eight thousand eight hundred dollars.

For compensation of the surveyor-general of California and Nevada,
and the clerks in his office, fifteen thousand five hundred dollars.

For compensation of the surveyor-general of Washington Territory,
and the clerks in his office, eight thousand eight hundred dollars*

For compensation of the surveyor-general of New Mexico, and die
clerks in his office, four thousand dollars.

For compensation of translator in the office of the surveyor-general of
New Mexico, five hundred dollars.

For compensation of the surveyor-general of Kansas and Nebraska,
and the clerks in his office, ten thousand dollars.

For compensation of the surveyor-general of Minnesota, and the clerks
In his office, eight thousand three hundred dollars*

For compensation of the surveyor-general. of the Territories of Colo-
rado and Utah, and the clerks in his office, seven thousand dollars.

For compensation of the surveyor-general of the Territory of Dakota,
and the clerks in his office, six thousand dollars*

For compensation of the surveyor-general of the Territory of Arizona,
and the clerks in his office, seven thousand dollars*

For compensation of the surveyor-general of the Territory of Idaho,
and the clerks in his office, six thousand five hundred dollars.

For compensation of recorder of land-titles in Missouri, five hundred
dollars.

For compensation of clerks in the offices of the surveyors-general,
to be apportioned to them according to the exigencies of the public ser-
vice, and to be employed in transcribing field-notes of surveyors, for the
purpose of preserving them at the seat of government, ten thousand dol-
lars.

For rent of surveyor-general's office in Oregon, fuel, books, stationery,
and other incidental expenses, including pay of messenger, five hundred
dollars.

For rent of surveyor-general's office in California, fuel, books, station-
ery, and other incidental expenses, including pay of messenger, six thou-
sand dollars.

For office-rent for the surveyor-general of Washington Territory, fuel,
books, stationery, and other incidental expenses, one thousand six hun-
dred dollars.

For office-rent of the surveyor-general of Kansas and Nebraska, fuel,
and incidental expenses, one thousand five hundred dollars.

For rent of surveyor-general's office in the Territory of Dakota, fuel,
books, stationery, and other incidental expenses, five hundred dollars.

For rent of surveyor-general's office in the Territory of Arizona,
fuel, books, stationery, and o$her incidental expenses, three thousand dol-
lars.

For rent of surveyor-general's office in the Territory of Idaho, fuel,
books, stationery, and other incidental expenses, three thousand dollars*

Expenses 6f Courts of the United States. — For defraying the expenses
of the supreme, circuit, and district courts of the United States, including
the District of Columbia ; also, for jurors and witnesses, in aid of the
funds arising from fines, penalties, and forfeitures incurred in the fiscal
year ending June thirtieth, eighteen hundred and sixty-five, and previous
years; and likewise for defraying the expenses of suits in which the
United States are concerned, and of prosecutions for offences committed
against the United States, and for the safe-keeping of prisoners, five hun-
dred thousand dollars.

THIRTY-EIGHTH CONGRESS. Sess. 1 Ch.447. 1864 158

War Department — For compensation of the Secretary of War, Assist- War Depart-
ant Secretaries of War, solicitor, chief clerk, and the clerks, messenger, ment#
assistant messengers, and laborer in his office, sixty-six thousand three
hundred and eighty dollars.

For compensation of the clerks and messengers in the office of the Office of ad-
adjutant-general, two hundred and twenty-three thousand nine hundred Jirtantrgeneral ;
and twenty dollars.

For compensation of the clerks, messengers, assistant messengers, and te 5 f ^^f ma8 "
laborers, in the office of the quartermaster-general, three hundred and " gen 5
ninety thousand one hundred and sixty dollars*

For compensation of the clerks and messengers in the office of the ©fpaymaster-
paymaster-general, two hundred and fifty-five thousand two hundred g€n 5
dollars.

For compensation of the clerks, messenger, and laborers in the office of commissary,
of the commissary-general, eighty-five thousand six hundred and forty generalj
dollars.

For compensation of the clerks, messenger, and laborer in the office of of surgeon-
tile surgeon-general, forty-three thousand eight hundred and forty dol- general;
lars.

For compensation of the clerks, messengers, and laborer in the office of chief en^i-
of the chief engineer, twenty-eight thousand eight hundred and eighty
dollars.

For compensation of the clerks and messenger in the office of the of colonel of
colonel of ordnance, one hundred and. seventy-two thousand and forty otdnailce -
dollars.

Contingent Expenses of the War Department . Contingent ex-

Office of the Secretary of War : ^ * e cSS*of Sec-

For stationery, labor, books, maps, extra clerk-hire, and miscellaneous retary of War;
items, twenty thousand dollars.

Office of the Adjutant-General : of adjutant-

For stationery and miscellaneous items, fifteen thousand dollars* general;

Office of the Quartermaster-General : crfq.oartermas-
For stationery and miscellaneous items, fifteen thousand dollars. ter^aneral;

Office of the Paymaster-General : of paymaster-

For stationery and miscellaneous items, six thousand dollars* general}

Office of the Commissary-General : of commissary-

For stationery, rent of office and hire of watchmen, arid miscellaneous s^™ 1 *
items, fifteen thousand dollars.

Office of the Chief Engineer : of chief engi-

For stationery and miscellaneous items, three thousand fire hundred neer *
dollars.

Office of the Surgeon-General : ofsargeon-
For stationery and miscellaneous items, including rent of office, ten geneia ^
thousand dollars.

Office of the Colonel of Ordnance : * colonel of

For stationery and miscellaneous items, seven thousand five hundred ordnance '
dollars.

For the general purposes of the Northwest Executive Building. — For Korthwest ex-
compensation of superintendent, four watchmen, and two laborers of the ecutiv * buUdin S*
northwest executive building, three thousand eight hundred and fifty
dollars*

For labor, fuel, light, and miscellaneous items, twenty thousand dol-
lars.

For the general purposes of ike building norner of Fond Seventeenth Building COT-
Streets. — For compensation of superintendent, four watchmen, and two t^^^!° r
laborers for said buUding, three thousand eight hundred and fifty dollars. 9

For fuel, compensation of firemen, and miscellaneous items, six thou-
sand dollars.

For the general purposes of the building earner of F and fifteenth ^S^^S^

»

15* THIRTY-EIGHTH CONGRESS. Sess.I. Ch. 147. 1SU.

streets. — For superintendent, watchmen, rent, fuel, lights, and miscel-
laneous items, fifteen thousand dollars*
Kayy Depart- Navy Department* — For compensation of the Secretary of the Navy,
Assistant Secretary of the Navy, chief clerk, and the clerks, messenger,
assistant messenger, and laborers in his office, forty-seven thousand four
hundred dollars.

Bureau of yards For compensation of the chief of the bureau of navy-yards and docks,
and docks; and the civil engineer, chief clerk, clerks, messenger, and laborers in his

office, nineteen thousand two hundred and forty dollars,
of equipment; ^ or compensation of the chief of the bureau of equipment and recruit*
and reoruiting; ing, chief clerk, and the clerks, messenger, and laborer in his office, ten

thousand seven hundred and forty dollars,
of navigation; For compensation of the chief of the bureau of navigation, chief clerk,
and the clerks, messenger, and laborer in his office, nine thousand eight
hundred and forty dollars,
of ordnance; " For compensation of the chief of the bureau of ordnance, and the
assistant, chief clerk, clerks, draughtsman, messenger, and laborers in his
office, seventeen thousand two hundred and twenty dollars,
of construction For compensation of the chief of the bureau of construction and re-
and repair; pair, chief clerk, and the clerks, draughtsman, messenger, and laborer in

his office, sixteen thousand three hundred and forty dollars,
of steam-engi- For compensation of the chief, of the bureau of steam-engineering,
neering; chief clerk, and the clerks, draughtsmen, messenger, add laborer in his

office, ten thousand seven hundred and forty dollars*
of provisions For compensation of the chief of the bureau of provisions and clothing,
and clothing; chief clerk, and the clerks, messenger, and laborer, eighteen thousand

seven hundred and forty dollars,
of medicine For compensation of the chief of the bureau of medicine and surgery,
and soxgerys assistant, and the clerks, messenger, and laborer in his office, ten thousand

five hundred and forty dollars.

Oofl tfa rgMit ex*

Contingent Expenses of the Navy Department
pwwes. Office Secretary of the Navy:

iet~£f fta For stationery, labor, newspapers, periodicals, and miscellaneous items,
Navy. three thousand four hundred and forty dollars.

Bureau of yards Bureau of Yards and Docks :

and docks; For stationery, 'plans, drawings, and incidental labor, eight hundred

dollars.

of equipment Bureau of Equipment and Eecroiting :

and recruiting; For stationery and miscellaneous items, five hundred dollars,
of navigation; Bureau of Navigation :

For stationery and miscellaneous items, eight hundred dollars,
of ordnance; Bureau of Ordnance:

For stationery and miscellaneous items, one thousand dollars*
of construction Bureau of Construction and Repair :

and repair; p r stationery and* miscellaneous items, one thousand dollars.'

of steam-engi- Bureau of Steam-Engineering :

neeringj For stationery and miscellaneous items, one thousand two hundred dollars.

of provisions Bureau of Provisions and Clothing :

and clothing; For stationery and miscellaneous items, one thousand dollars.

of medicine Bureau of Medicine and Surgery :

and surgery. p or stationery and miscellaneous items, four hundred and fifty dollars.

Southwest ex- For the General Purposes of the Southwest Executive Building* —
ecutive building. For compensation of five watchmen and two laborers of the southwest

executive building, three thousand nine hundred and sixty dollars*
For contingent expenses of said building, viz;—
For labor, fuel, lights, and miscellaneous items, five thousand dollars*
Post-Office De** Post- Office Department — For compensation of the Postmaster- Gen-
par tment era], three assistant Postmasters-General, chief clerk, and the clerks,

messenger, assistant messengers, watchmen, and laborers of said depart-

THIRTY-EIGHTH CONGRESS. .Sbss. L Ch. 147. 1864

1SS

nent> one hundred and fifty-eight thousand two hundred and twenty
dollars.

For compensation of twenty-five additional clerks, twenty thousand
dollars.

Contingent Expenses of the Post- Office Department — For stationery, Contingent ex-
fuel for the general post-office building, including fuel for the auditor's {^S^T°*
office, oil, gas, and candles, printing, repair of the general postoffice p8r ^
building, office furniture, glazing, painting, whitewashing, and for keeping
the fireplaces and furnaces in order; for engineer, (for steam-engine,)
laborers, watchmen, repairs of furniture, and for miscellaneous items,
thirty-five thousand dollars.

Department of Agriculture* — For compensation of the commissioner Department of
of agriculture, chief clerk, one clerk of the fourth class, four clerks of agriculture,
the third class, four clerks of the second class, six clerks of the first class,
an entomologist at an annual salary of two thousand dollars, a chemist at
an annual salary of two thousand dollars, an assistant chemist at an an-
nual salary of fourteen hundred dollars, a draughtsman at an annual
salary of fourteen hundred dollars, a translator at an annual salary of
twelve hundred dollars, two messengers at an annual salary of six hun-
dred dollars each, and two laborers at an annual salary of four hundred
dollars each, thirty-eight thousand dollars.

For contingencies, viz : — For stationery, wood, coal, gas, and miscel- Couttogendes.
laneous items, three thousand five hundred dollars*

For collecting agricultural statistics and information for reports, twenty Agricultural
thousand dollars. statistics.

For furniture, viz: Carpets, desks, and stoves, eight hundred dol-
lars.

For the purchase of a library and laboratory, four thousand dollars. Library and

For purchase and distribution of new and valuable seeds, and for labor ^g ^^.
in putting up seeds, seed-bags, and bagging, fifty-four thousand dollars.

For compensation of superintendent of seed-room, at an annual com-
pensation of sixteen hundred dollars, and for two clerks of the first class,
tour thousand dollars.

For contingencies of seed-room, viz': coal, jrum, packing-paper, and
miscellaneous items, three thousand dollars*

For propagating garden, for propagation and distribution of valuable Hoots and
plants, cuttings, & shrubs, viz : For labor, for repair of old propagat- cuttm88#
ing house, new propagating house, rebuilding shop, and for purchase of
trees, cuttings, vines, and bulbs, ten thousand eight hundred dollars:
Provided, That such trees, cuttings, vines, and bulbs so -purchased, or Trees, plants,
which shall be propagated, shall be such as are adapted to general cnlti- j^, to be adapt-
vation and to promote the general interest of horticulture and agriculture cuWvadonT
throughout the United States.

For experimental garden on reservation number two, viz: For Experimental
salary of foreman and laborers, three thousand dollars ; for keep of a gard6n *
horse and stable, and for seeds, manure, tools, and miscellaneous items,
two thousand dollars*

Mint of the United States at Philadelphia* — For salaries of the Mint at Phila-
director, treasurer, assayer, melter and refiner, chief coiner and engraver, 3*lphfe*
assistant assayer, and seven clerks, twenty-six thousand four hundred
dollars.

For wages of workmen and adjusters, one hundred and twenty-five
thousand dollars.

For specimens of coins to be preserved in the cabinet of the mint,
three hundred dollars.

Branch Mint at San Franeisco> California.*— For salaries of superin- Branch at San
tendent, treasurer, assayer, melter and refiner, coiner, and six clerks, Ranefeoo.
thirty thousand five hundred dollars.

For wages of workmen and adjusters, one hundred and fifty thousand
and fifty dollars.

156

THIRTY-EIGHTH CONGRESS. Szss. I. Cslut 1864.

For incidental and contingent expenses, repairs, and wastage, fifty
thousand dollars.

A&OTo&ed, Assay Office, New York. — For salaries of superintendent, assayer,
flew York. and melter and refiner, assistant assayer, officers, and clerks, twenty-three

thousand seven hundred dollars.
For wages of workmen, thirty-five thousand dollars*
For incidental and contingent expenses, twenty thousand dollars.
Branch-mint at Branch Mint at Denver. — For superintendent, assayer, melter, refiner,
Denver* coiner, and clerks, twelve thousand four hundred dollars.

For wages of workmen, twenty-six thousand one hundred and eighty
nine dollars.

For incidental and contingent expenses, five thousand dollars.

For additional salary of treasurer, acting as assistant treasurer of the
United States, five hundred dollars.

For salary of clerk to assistant treasurer, one thousand eight hundred
dollars.

For safe and vault, including freight, five thousand dollars.

For salary of assistant treasurer from November twentieth, eighteen
hundred and sixty-two, to June thirtieth, eighteen hundred and sixty-four,
eight hundred and five dollars and fifty-five cents.

For salary of clerk from March first; to June thirtieth, eighteen hun-
dred and sixty-four, six hundred dollars.

Governments io. GOVERNMENTS IN THE TERRITORIES*

Che territories.

New Mexico. Territory of New Mexico. — For salaries of governor, chief-justice
and two associate judges, and secretary, twelve thousand dollars.

For contingent expenses of said territory, one thousand dollars.

For interpreter and translator in the executive office, five hundred
dollars.

For compensation and mileage of the members of the legislative
assembly, officers, clerks, and contingent expenses of the assembly,
twenty-two thousand nine hundred and eighty dollars.
Utah. Territory of Utah. — For salaries of governor, chief-justice, two asso-

ciate judges, and secretary, twelve thousand dollars.

For contingent expenses of the territory, one thousand five hundred
dollars.

For compensation and mileage $f the members of the legislative assem-
bly, officers, clerks, and contingent expenses of the general assembly, ten
thousand dollars.

Washington. Territory of Washington. — For salaries of governor, chief - justice,
two associate judges, and secretary, twelve thousand five hundred dol-
lars.

For contingent expenses of said territory, one thousand five hundred
dollars.

For compensation and mileage of the members of the legislative as-
sembly, officers, clerks, and contingent expenses of the assembly, twenty
thousand dollars.

Nebraska. Territory of Nebraska. — For salaries of governor, chief-justice and

two associate judges, and secretary, ten thousand five hundred dollars.

For contingent expenses of said territory, one thousand dollars.

For compensation and mileage of the members of the legislative
assembly, officers, clerks, and contingent expenses of the assembly,
fifteen thousand dollars.
< j oIora( l 0> Territory of Colorado. — For salaries of governor and superintendent

of Indian affairs, chief-justice and two associate judges, and secretary*
nine thousand seven hundred dollars.

For contingent expenses of said territory, one thousand dollars.

For compensation and mileage of the members of the legislative

THIRTY-EIGHTH CONGRESS. Sbss-I. ChuH7. 18G4

157

assembly, officers, clerks, and contingent expenses of the assembly, fif-
teen thousand dollars.

Territory of Nevada. — For salaries of governor and superintendent Nevada,
of Indian affairs, chief-justice and two associate judges, and secretary,
nine thousand seven hundred dollars.

For contingent expenses of said territory, one thousand dollars*

For compensation and mileage of the members of the legislative
assembly, officers, clerks, and contingent expenses of the assembly,
twenty thousand dollars*

Territory of Dakota. — For salaries of governor and superintendent Dakota,
of Indian affairs, chief-justice and two associate, judges, and secretary,
nine thousand seven hundred dollars.

For contingent expenses of the territory, one thousand dollars*

For compensation and mileage of the members of the legislative
assembly, officers, clerks, and contingent expenses of the assembly,
fourteen thousand dollars*

Territory of Arizona. — For salaries of governor, chief-justice and Arizona,
two associate judges, and secretary, twelve thousand dollars.

For contingent expenses of the territory, one thousand dollars.

For interpreter and translator in the executive office, five hundred
dollars.

For compensation and mileage of tne members of the legislative
assembly, officers, clerks, and contingent expenses of the assembly,
twenty thousand dollars*

Territory of Idaho. — For salaries of governor, chief-justice and two Idaho,
associate judges, and secretary, twelve thousand dollars*

For contingent expenses of the territory, one thousand dollars*

For compensation and mileage of the members of the legislative as-
sembly, officers, clerks, and contingent expenses of the assembly, twenty
thousand dollars*

Territory of Idaho.— For the fiscal year ending June thirtieth, eigh-
teen hundred and sixty-four : —

For salary of governor, chief-justice and two associate judges, and
secretary, twelve thousand dollars.

For contingent expenses of the territory, one thousand dollars*

For compensation and mileage of the members of the legislative as- '
sembly, officers, clerks, and contingent expenses of the assembly, twenty
thousand dollars.

JUDICIABT. Judiciary.

Office of the Attorney- General — For salaries of the Attorney-Gen- Attorney-Gen-
eral, Assistant Attorney-General, and the clerks and messenger in his °*" oe *
office, twenty .thousand three hundred dollars.

Contingent expenses of the office of the Attorney-General, name*
ly:—

For fuel, labor, furniture, stationery, and miscellaneous items, three
thousand dollars*

For purchase of law and necessary books for the office of the Attorney-
General, two hundred and fifty dollars.

For legal assistance and other necessary expenditures in the disposal Land-claims in
of private land-claims in California, ten thousand dollars. California.

For special and other extraordinary expenses of California land-
claims, ten thousand dollars*

Justices of the Supreme Court of the United States. — For salaries Justices of
of the chief-justice and nine associate justices, sixty thousand five hun- supreme court,
dred dollars.

For travelling expenses of the judge assigned to the tenth circuit fbr {
attending session of supreme court of the United States, one thousand
dollars*

TOii. xjdx Pub. — 14

t

t

lis

THIRTY-EIGHTH CONGRESS* Sss&L Cb, 147. 1864

District judges. For salaries of the district judges of the United States, one hundred

and eighteen-thousand seven hundred and fifty dollars.
Courts la Dis- For salaries of the chief-justice of the supreme court of the District
trict of Colombia. ^ Coi um bia, the associate judges, and judge of the orphans' court, four-
teen thousand five hundred dollars*
Reporter of de- For salary of the reporter of the decisions of the supreme court of
cisiot*. the United States, one thousand three hundred dollars.

District attor- For compensation of the district attorneys, nineteen thousand two nun-
Keys- dred and fifty dollars.

Marshals. For compensation of the marshals, eleven thousand six hundred dollars,
independent Independent Treasury. — For salaries of the assistant treasurers of the
toafmry. United States at New York, Boston, Charleston, and St Louis, sixteen

thousand five hundred dollars.

For additional salary of the treasurer of the mint at Philadelphia, one
thousand dollars.

For additional salary of the treasurer of the branch mint at New Or-
leans, five hundred dollars.

For salaries of the clerks and messengers in office of assistant treas-
ure[r] at Boston, eight thousand one hundred dollars.

For salaries of clerks and messenger in office of the treasurer of the
mint as depositary, thirteen thousand eight hundred dollars.

For salaries of clerks, messengers, watchmen, and porter in office of
assistant treasurer at New York, seventy-three thousand six hundred dol-
lars.

For salaries of chief clerk and teller, to act as assistant treasurer in the
absence of the treasurer, assistant teller, book-keeper, assistant book-keeper,
messenger, and four watchmen, in the office of the sub-treasury at Saint
Louis, nine thousand seven hundred and sixty dollars.
I846 t ch. 90. For salaries of additional clerks, under act of August sixth, eighteen
Vol. ix. p. 58. fctmcired and forty-six, for the better organization of the treasury, at such
rates as the secretary may deem just and reasonable, ten thousand dollars.
Designated de- For compensation to designated depositaries, under act of August sixth,
positaxles. eighteen hundred and forty-six, 'for the collection, safe-keepings transfer

and disbursement of the public revenue, eight thousand dollars*
Special agents. For compensation to special agents under act of sixth of August, eigh-
teen hundred and forty-six, ei^ht thousand dollars.
Inspectors of For salaries of nine supervising and fifty local inspectors, appointed un-
•tewj^J*- der act thirtieth August, eighteen hundred and fifty-two, for the better pro-
VoTxl p. 61. tection of the lives of passengers by steamboats, with travelling and other
expenses incurred by them, twenty-five thousand dollars.

*For contingent expenses under the act of sixth August, eighteen hun-
dred and forty-six, for the collection, safe-keeping, transfer, and disburse-
ment of the public revenue, in addition to premium which may be received
on transfer drafts : Provided, That no part of said sum shall be expended
for clerical services, one hundred and ten thousand dollars.
Expenses of For necessary expenses in carrying into effect the several acts of con-
treasuiy notes, gress authorizing loans and the issue of treasury notes, one million dollars.

Commissioners Commissioners of Direct Taxes in Insurrectionary Districts* — For
ofdnrect taxes, compensation of thirty-three commissioners, at three thousand dollars each,

and eleven clerks at twelve hundred dollars each, one hundred and twelve
thousand two hundred dollars.

For contingent expenses, forty thousand dollars.
Public build- PuUic Smdings and Grounds, — For compensation to the laborer in
ingsaad grounds, charge of the water-closets in the capitol, four hundred and thirty-eight

dollars. ^

For compensation of four laborers in capitol, two thousand four hun-
dred dollars.

For compensation to the public gardener, one thousand four hundred
and forty dollars.

THIBTY-EIGHTH CONGBESS. Serb. I. Gh. 147. 1864.

lap

For compensation of a foreman and twenty-one laborers employed in the Public build-
public grounds, thirteen thousand four hundred dollars. fagsaadgruuuU*

For compensation of the keeper of the western gate, Capitol square,
eight hundred and seventy-six dollars* v

For compensation of two day watchmen employed in the Capitol square,
one thousand two hundred dollars.

For compensation of two night watchmen employed at the President's **
house, one thousand two hundred dollars.

For compensation of the doorkeeper at the President's house, s& hun-
dred dollars.

For compensation of assistant doorkeeper at the Presidents house, six
hundred dollars.

For compensation of one night watchman at the public stables and car-
penters' shops south of the capital, one thousand dollars.

For compensation of watchman in reservation number two, six hundred
dollars.

For compensation of two draw-keepers at the two bridges across the Bridges,
eastern branch of the Potomac, and for fuel, oil, and lamps, one thousand
one hundred and eighty dollars.

For compensation of furnace-keeper under the old hall of the House of*
Representatives, six hundred dollars.

For compensation of furnace-keeper at the Presidents house, six hun-
dred dollars.

Metropolitan Police. — For salaries and other necessary expenses of the Metropolitan
metropolitan police for the District of Columbia, one hundred and ten police,
thousand dollars; and the compensation of said metropolitan force, officers,
and clerks be, and the same is hereby, increased fifty per centum, com- Pay of police
xnencing on the first of July, eighteen hundred and sixty-four, said increase increa8 ^ m Y
to be borne by the cities of Washington and Georgetown, and the county ^Expense, how
of Washington, in the District of Columbia, in the proportion egual to the to be apportioned,
number of patrolmen allotted severally to the city of Washington, to the
city of Georgetown, and the county of Washington beyond the limits of"
said cities. And the corporation authorities of said cities of Washington
and Georgetown, and the levy court of said county be, and they are here-
by, authorized and empowered to levy a special tax not exceeding one Tax therefor,
quarter of one per centum for the purpose aforesaid.

For deficiency of appropriation for the capitol police, under the act of Capitol police
April twenty-second, eighteen hundred and fifty-four, to be expended Vok^kfft.
under the direction of the commissioner of public buildings, to be paid
only to loyal men, four thousand three hundred and seventy-four dollars
and eighty-four cents.

For salary of warden of jaU in the District of' Columbia, sixteen hun^
dred dollars.

Seo. 2. And be it further enacted, That the office of the treas- Office of treas-
urer of the United States be reorganized, under the direction of the urwwor « ani2ea "
Secretary of the Treasury, so as to authorize the employment of the
officers and clerks, and with the annual salaries hereinafter specified,
via« —

One assistant treasurer, with a salary of twenty-eight hundred dollars. Assistant treas-
One cashier, with a salary of twenty-eight hundred dollars. "cashier and

One assistant cashier, with a salary of twenty-five hundred dollars, ^assistant.
One chief of the division of issues, witb-a salary of twenty-two hun- Chief of dftris-
dred dollars.

One chief of the division of redemption, with a salary of twenty-two of redemption;
hundred dollars.

One chief of the division of loans, with a salary of twenty-two (ran- of loans*
dred dollars.

One chief of the division of accounts* with a salary of .twenty-two of accounts*
hundred dollars.

•

160 . THIRTY-EIGHTH CONGRESS. Sbss.L Ch. 147. 1864

Chief of di vis- One chief of the division of national banks with a salary of twenty*
Ion ot national two hundred dollars.
Bookkeepers* Two principal book-keepers, each with a salary of twenty-two hundred
dollars*

Tellers* Two tellers, each with a salary of twenty-two hundred dollars.

Assistant tel- Two assistant tellers, each with a salary of two thousand dollars.
^Chief clerk. ^ ne cn ^ clerk, with a salary of two thousand dollars.

Other clerks. Fifteen clerks of class four, fifteen of class three, eleven of class two.

nine of class one, one messenger in charge of mails, with a salary of one
thousand dollars ; nine messengers, with a salary of nine hundred dollars
each ; five messengers, with a salary of seven hundred dollars each ;
sixty female clerks, with a salary of six hundred dollars each ; five labor-
ers, with a salary of six hundred dollars each, and seven female laborers
at a salary of two hundred and forty dollars each. And the officers,
clerks, and employees Jhereby authorized shall be in lieu of all the force
now employed in the said office. And the amount necessary to pay the
salaries of said officers, clerks, and employees, in addition to the amount

Appropriation, heretofore provided for the present fiscal year, is hereby appropriated out
of any money in the treasury not otherwise appropriated*

Twenty per Sec. 3* And be it farther enacted, That twenty per centum be
eent * to added to the compensation of the females and of the messengers, watch-
messdagersf&^ men > m & laborers employed in the several departments and under the

commissioner of public buildings, and the commissioner of agricul-
ture, and at the capitol, to commence on the first day of June, eighteen
hundred and sixty-four, and to terminate at the close of the fiscal year
ending the thirtieth of June, eighteen hundred and sixty-six, but to
be calculated only upon the. amount of compensation accruing after the
first day of June, eighteen hundred and sixty-four: Provided, however,

Ho increased That no salary be increased hereby so as to exceed the sum of ten hun-
aitfo' to exceed dollars* And the sums necessary to pay the additional compensa-
tion herein specified for the present and the next-fiscal years are hereby
appropriated.

Late reporter Sbo. 4 And be it farther enacted, That the accounting officers of
of supreme court, fa treasury are hereby authorized and directed to allow to the late

reporter of the supreme court the amount of his annual salary for the
fiscal year ending June thirty, eighteen hundred and sixty-four, on the
production of satisfactory evidence that he has delivered to the Secretary
of the Interior the number of, copies of the decisions of said court pre-
scribed by law, and that said books have been received and accepted by
Said Secretary.

Additional Sbo. 5* And be it farther enacted, That, in addition to the clerical
clerks in officoof force now authorized by law, the following clerks are hereby authorized
cu*toa^° tter in the office of the commissioner of customs, to be employed' and con-
tinue only during the rebellion and for one year after its close, viz : two
clerks of class four, two of class three, and two of class two, and the sum
of eleven thousand two hundred dollars, or so much thereof as may be
necessary to pay their salaries from the date of their appointment to the
thirtieth of June, eighteen hundred and sixty-five, is hereby appropriated
therefor.

Testimony may Sec. 6. And be it farther enacted, That in executing the act of the
invesUMdM' ^ °^ ^ arc ^» eighteen hundred and forty-nine, and the act amendatory
claims iSder act thereof, providing for payment for steamboats and other vessels, and rail-
1849, ch. 129, road engines or cars lost or destroyed while in the military service of the
1^3,' ch. P 78,T2, United States, the third auditor of the treasury be, and he is hereby,
Vol. xii. pTVls.' authorized in person, or in such manner as he may deem most compatible

with the public interests, to take testimony and make such investigations
as he may deem necessary in adjudicating claims filed under said act, and
for such necessary expenses incurred therein payment may be made out
of the appropriation contained in said act, upon proper vouchers certified
and approved by the third auditor*

THIRTY-EIGHTH CONGRESS. Sess. L Cbl 147, 148. 1864. 161

Sbo* 7. And be it further mooted, That from and after the first day of Clerks in office
July, eighteen hundred and sixty-four, in lieu of the clerks heretofore au- £rer^ NeVl^
thorized and provided, the assistant treasurer at New Orleans be, and he leans,
is hereby, authorized to appoint, with the approbation of the Secretary of
the Treasury, one chief clerk, at a salary of twenty-five hundred dollars
pefr annum ; one clerk, at a salary of two thousand dollars per annum ;
two clerks, at a salary of fifteen hundred dollars per annum each ; one
porter, at a salary of nine hundred dollars per annum ; and two watchmen,
at a salary of six hundred dollars per annum each ; and the compensation for
such clerks for the next fiscal year be, and the same is hereby, appropri-
ated out of any money in the treasury not otherwise appropriated* And
in case of the sickness or unavoidable absence of the assistant treasurer, Chief clerk
he may, in his discretion, authorize the chief clerk to act in his place and £^ u £! r act **
to discharge all the duties required by law of the assistant treasurer.

Sec* 8. And be it further enacted. That so many of the clerks in the Certain clerks
office of the paymaster-general as have been, or may be, deemed unne- fa office of par*
cessary, not exceeding thirty-seven in number, who shall be found compe- J^^^J^ T *°
tent, to be selected by the Secretary of the Treasury, are hereby trans- office of 3d aodi-
ferred to the office of the third auditor of the treasury, and shall be <* treasury,
classified as follows : Twelve clerks of class two, and twenty-five of class
one ; and the sum of forty-six thousand eight hundred dollars, or so much
thereof as may be found necessary, be, and the same is hereby, appropri-
ated for said purpose.

Sec. 9. And be it further enacted, That the President of the United Two additional
States be, and he is hereby, authorized to appoint, in addition to the present ^^y^ 11
number, two appraisers for the port of New York, at an annual salary of
twenty-five hundred dollars each, and the sum of five thousand dollars is
hereby appropriated therefor* For twelve additional clerks in the office Additional
of the assistant treasurer at New York, at an annual salary of fourteen Salaries* ap-
hundred dollars each, authorized by the act of sixth of March, eighteen proprlation.
hundred and sixty-two, sixteen thousand eight hundred dollars.

Sec. 10. And be it further enacted, That, in addition to the sum of Additional
twenty-five thousand dollars, hereinbefore appropriated, for salaries and g^^? for
expenses of nine supervising and fifty local inspectors of steam-vessels, steamboats, &c
with travelling and other expenses, the sum of fifty-five thousand dollars
be, and the same is hereby, appropriated.

Sbc. 11. And be it farther enacted, That there be, and hereby is, ap- Clerks in office
pointed, in the office of the Secretary of the Treasury, five clerks of class d*******? oJf
three, in lieu of five clerks of class one, and the sum of two thousand dol- reasuiy *
lars is hereby appropriated for said purpose.
1 Approved, June 25, 1664

Chap. CXLVTII. — An Act making Appropriations for (he current and contingent Ex* Jane 25. 1864.

penses of the Indian Department, andJorMfiUing Treaty Stipulations with various In- "

dian Tribes, fir the Year ending June thirtieth, eighteen hundred and sixty-Jive, and for
ether Purposes.

Be it enacted Iff the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums be, Appropriation
and they are hereby, appropriated, out of any money in the treasury not r ? r e ( xp« n8e * of
otherwise appropriated, for the purpose of paying the current and contin-
gent expenses of the Indian department, and fulfilling treaty stipulations
with the various Indian tribes.

For the current and contingent expenses of the Indian department,
namely :—

For the pay of superintendents of Indian affairs and of Indian agents, Superintend-
ninety-eight thousand eight hundred dollars. ems; agents;

For pay of sub-agents, six thousand dollars, clertoX"^
For the salary of the agent of the Green Bay agency, to' make the

14*

162 THIRTY-EIGHTH CONGRESS. Sess. L Ch. 148. 1864

Indian agents, same fifteen hundred dollars per annum, an additional sum of five hun-
derks, &c dred dollars.

For pay of clerk to superintendent at St Louis, Missouri, one thou-
sand two hundred dollars.

For pay of temporary clerks to superintendents of Indian affairs, fire
thousand dollars*

For pay of clerk to the superintendent of Indian affairs in California,
one thousand eight hundred dollars.
For pay of four agents, seven thousand two hundred dollars.
For pay of one blacksmith, one assistant blacksmith, one farmer, and
one carpenter, two thousand four hundred dollars.
Interpreters, For pay of interpreters, twenty-eight thousand four hundred dollars,
presents, and p or pre sei*t8 to Indians, five thousand dollars,
proviso For ^fefeos for Indian8 , eleven thousand eight hundred dollars.

Buildings and For buildings at agencies and repairs thereof, ten thousand dollars,
repairs. For contingencies of the Indian department, thirty-six thousand five

hundred dollars.

Treaty stipule- For fulfilling treaty stipulations with the various Indian tribes : —
tions. ^ _ ^ Blackfoot Indians. — For ninth of ten instalments as annuity, to be
dian£° * expended in the purchase of such., goods, provisions, and other useful

articles as the President, at his discretion, may from time to time deter-
Vol xL p. 659. mine, per ninth article of the treaty of seventeenth October, eighteen
hundred and fifty-five, twenty thousand dollars*

For ninth of ten instalments as annuity, to be expended in establish-
ing and instructing them in agricultural and mechanical pursuits, and in
educating their children, and promoting civilization and Christianity, at
the discretion of the President, per tenth article, of the treaty of seven-
teenth October, eighteen hundred and fifty^five, fifteen thousand dollars.
Chaata, Scoton, Okasta, Scoton, and Umpqua Indians* — For tenth of fifteen instal-
and Umpqua*. ments of annuity, to be expended as directed by the President, per third
Vol x. p. 1122. article treaty eighteenth November, eighteen hundred and fifty-four, two
thousand dollars.

For tenth of fifteen instalments for the pay of a farmer, per fifth
article treaty eighteenth November, eighteen hundred and fifty-four, one
thousand dollars.

For tenth of fifteen instalments for pay of physician, medicines; and
expense of care of the sick, per fifth article treaty eighteenth November,
eighteen hundred and fifty-four, one thousand five hundred dollars.

For tenth of fifteen instalments for pay of teachers and purchase of
books and stationery, per fifth article treaty eighteenth November, eigh-
teen hundred and fifty-four, one thousand two hundred dollars.
Chippewas of Chippewas of Lake Superior. — For two thirds of twenty-third of
Lake Superior, twenty-five instalments in money, per fourth article treaty fourth October,
Vol. vft. p. 692* eighteen hundred and forty-two, and eighth article treaty thirtieth Septem-
Vol. x. p. 1109. ber, eighteen hundred and fifty-four, eight thousand three hundred and
thirty-three dollars and thirty-three cents.

For two thirds of twenty-third of twenty-five instalments for the pay
of two carpenters, per fourth article treaty fourth October, eighteen hun-
dred and forty-two, and eighth article treaty thirtieth September, eighteen
hundred and fifty-four, eight hundred dollars.

For two thirds of twenty-third of twenty-five instalments in goods, per
fourth^article treaty fourth October, eighteen hundred and forty-two, and
eighth article treaty thirtieth September, eighteen hundred and fifty-four,
seven thousand dollars.

'For two thirds of twenty-third of twenty-five instalments for the sup-
port of schools, per fourth article treaty fourth October, eighteen hun-
dred and forty-two, and eighth article treaty thirtieth September, eighteen
hundred and fifty-four, one thousand three hundred and thirty-three dol-
lars and thirty-three cents.

*

THIRTY-EIGHTH CONGRESS. Ssss*I. Ch. 148. 1864. 163

For two thirds of twenty-third of twenty-five instalments for the pay of Gbhm«>#& of
two farmers, per fourth article treaty fourth October, eighteen hundred **** ° tt P erior *
and forty-two, and eighth article treaty thirtieth September, eighteen hun-
dred and fifty-four, six hundred and sixty-six dollars and sixty-seven
cents.

For two thirds of twenty-third of twenty-five instalments for the pur-
chase of provisions and tobacco, per fourth article treaty-fourth October,
eighteen hundred and forty-two, and eighth article treaty thirtieth Sep-
tember, eighteen hundred and fifty-four, one thousand three hundred and
thirty-three dollars and thirty-three cents*

For tenth of twenty instalments in coin, goods, household furniture, .
and cooking-utensils, agricultural implements and cattle, carpenters' and
other tools and building-materials, and for moral and educational pur-
poses, per fourth article treaty thirtieth September, eighteen hundred and
fifty-four, nineteen thousand dollars.

For tenth of twenty instalments for six smiths and assistants, per
second and fifth articles treaty thirtieth September, eighteen hundred and
fifty-four, five thousand and forty dollars.

For tenth of twenty instalments for the support of six smiths' shops,
per second and fifth .articles treaty thirtieth September, eighteen hundred
and fifty-four, one thousand three hundred and twenty dollars*

For eighth of twenty instalments for the seventh smith and assistant,
and support of shop, per second and fifth articles treaty thirtieth Septem-
ber, eighteen hundred and fifty-four, one thousand and sixty dollars*

For support of a smith, assistant^ and shop for the Bois Forte band,
during the pleasure of the President, per twelfth article treaty thirtieth
September, eighteen hundred and fifty-four, one thousand and sixty-
dollars*

For support of two farmers for the Bob Forte band, during the pleas-
ure of the President, per twelfth article treaty thirtieth September, eigh-
teen hundred and fifty-four, one thousand two hundred dollars*

Chippewa* of the Mhmsippi. — For one third of twenty-third of J^f£^°f
twenty-five instalments in money, per fourth article treaty fourth October, v«i~ rfLnPSna.
eighteen hundred and forty-two, and eighth article treaty thirtieth Septem- vlt zTpTim
ber, eighteen hundred and fifty-four, four thousand one hundred and sixty-
six dollars and sixty-seven cents.

For one third of twenty-third of twenty-five instalments for the pay of
two carpenters, per fourth article treaty fourth October, eighteen hundred
and forty-two, and eighth article treaty thirtieth September, eighteen hun-
dred and fifty-four, four hundred dollars.

For one third of twenty-third of twenty-five instalments in goods, per
fourth article treaty fourth October, eighteen hundred and forty-two, and
eighth article treaty thirtieth September, eighteen hundred and fifty-four,
three thousand five hundred dollars.

For one third of twenty-third of twenty-five instalments for the sup-
port of schools, per fourth article treaty fourth October, eighteen hundred
and forty-two, and eighth article treaty thirtieth September, eighteen hun-
dred and fifty-four, six hundred and sixty-six dollars and sixty-seven cents*

For one third of twenty-third of twenty-five instalments for die pur-
chase of provisions and tobacco, per fourth article treaty fourth October,
eighteen hundred and forty-two, and eighth article treaty thirtieth Septem-
ber, eighteen hundred and fifty-four, six hundred and sixty-six dollars and
sixty-seven cents.

For one third of twenty-third of twenty-five instalments for the sup-
port of two smiths' shops, including the pay of two smiths and assistants,
and furnishing iron and steel, per fourth article treaty fourth October,
eighteen hundred and forty-two, and eighth article treaty thirtieth Septem*
ber, eighteen hundred and fifty-four, six hundred and sixty-six dollars and
sixty-seven cents*

16*

Tm&TT-EIGHTH CONGRESS. Sbss. I. Oh. 148. 1864

For one third of twenty-third of twenty-five instalments for pay of
two farmers, per fourth article treaty fourth October, eighteen hundred
and forty-two, and eighth article treaty thirtieth September, eighteen hun-
dred and fifty-four, three hundred and thirty-three dollars and thirty-three
cents*

For tenth of twenty instalments of annuity in money, per third article
treaty twenty-second February, eighteen hundred and fifty-five, twenty
thousand dollars.

Chfopewfls of Chippewa* of the Mississippi, and the Pillager and Lake Winnebago-
aidUw Pilfer ***** Bands of Chippewa Indians in Minnesota. — For settlement of the
and Lake Wime- claims for depredations committed by said Indians in eighteen hundred
bagorf^Llndi- and sixty-two, twenty thousand dollars.

•us to Minnesota. p or clearing and breaking-in reservation and for building houses for the

chiefs, three thousand six hundred dollars.

For first of ten instalments for furnishing said Indians with ten yoke of
work-oxen, agricultural implements, and miscellaneous items, one thou*
sand dollars.

For expenses incurred by the legislature of the State of Minnesota in
sending commissioners to visit the Chippewa Indians, in the year eighteen
hundred and sixty-two, one thousand three hundred «and thirty-eight dol-
lars and seventy-five cents.

For the employment of a sawyer, at the discretion of the President, and *
to remove the saw-mill from Gull Lake reservation to the new reservation
set apart, and to extend the road between Gall Lake and Leach Lake to *
the junction of the Mississippi and Leach Lake rivers, and to remove the
agency to said junction, or as near as practicable, three thousand dollars.

For compensation of female teachers on the reservation, who shall in-
struct the Indian girls in domestic economy, one thousand dollars.
Chippewas, Chippewas,' Pillager, and Lake WinnebagosMsh Bands. —For tenth of
Htk^en and thirty instalments of annuity in money, per third article treaty twenty*
h^L^> ^ndfl. second February, eighteen hundred and fifty-five, ten thousand six hun-
dred and sixty-six dollars and sixty-six cents.
VoL x. p. U65. For tenth of thirty instalments of annuity in goods, per third article
«reaty twenty-second February, eighteen hundred and fifty-five, eight
thousand dollars.

For tenth of thirty instalments for purposes of utility, per third article
treaty twenty-second February, eighteen hundred and fifty-five, four thou-
sand dollars.

For tenth of twenty instalments for purposes of education, per third ar-
ticle treaty twenty-second February, eighteen hundred and fifty-five, three
thousand dollars.

For tenth of fifteen annual instalments for support of two smiths and
smiths' shops, per third article treaty twenty-second February, eighteen
hundred and fifty-five, two thousand one hundred and twenty dollars.

For pay of an engineer to grist- and saw-mill at Leach Lake, six hun-
dred dollars.

Chippew&s of Chippewa* of Saginaw, Swan Greek, and Black River. — For ninth
Cre^andBiack °^ ten equal annual instalments in coin, to be distributed per capita, in the
River; usual manner of paying annuities, per second article of the treaty of sec*

Vol. p. 684. on( i August, eighteen hundred and fifty-five, ten thousand dollars.

For ninth of ten instalments for the support of one blacksmith shop,
per second article of the treaty of second August, eighteen hundred and
fifty-five, twelve hundred and forty dollars.

For fourth of Ave equal annual instalments for educational purposes,
under the direction of the President, two thousand dollars.
For fourth of five equal annual instalments in agricultural implements,
Chippewas, three thousand dollars.
Henomonees,' CMppewas, Menomonees, Winnebagoes, and New-York Indians.— "For
and*New?rwk education during the pleasure of congress, per fifth article treaty eleventh

f

THIRTY-EIGHTH CONGRESS. Sbss. I Cfe. 148. 1864

165

August, eighteen hundred and twenty-seven, one thousand five hundred Vol. vii. p. 804.
dollars.

Chickamws. — For permanent annuity in goods, per act of twenty-fifth ^WckasawB.
February, seventeen hundred and ninety-nine, three thousand dollars, vol!?, p. 618."

Choctaws. — For permanent annuity, per second article treaty sixteenth Ohoctawa.
November, eighteen hundred and five, and thirteenth article treaty twenty* ^ ^*^'^L
second June, eighteen hundred and fifty-five, three thousand dollars.

For permanent annuity for support of light-horsemen, per thirteenth Vol. vii. p» 213.
article treaty eighteenth October, eighteen hundred and twenty, and thir-
teenth article treaty twenty-second June, eighteen hundred and fifty-five,
six hundred dollars.

For permanent provision for education, per second article treaty twen- Vol. vii. p. 235.
tieth January, eighteen hundred and twenty-five, and thirteenth article

S treaty] twenty-second June, eighteen hundred and fifty-five, six thousand
ollars.

For permanent provision for blacksmith, per sixth article treaty eigh-
teenth October, eighteen hundred and twenty, and thirteenth article treaty
twenty-second June, eighteen hundred and fifty-five, six hundred dollars.

For permanent provision for iron and steel, per ninth article treaty
twentieth January, eighteen hundred and twenty-five, and thirteenth arti-
cle of treaty twenty-second June, eighteen hundred and fifty-five, three
hundred and twenty dollars.

For interest on five hundred thousand dollars, at five per centum per
annum, for education, support of the government, and other beneficial pur-
poses, under the direction of the general council of the Choctaws, in con-
formity with the provisions contained in the tenth and thirteenth articles of
the treaty of twenty-second June, eighteen hundred and fifty-five, twenty*
five thousand dollars.

Cam<mcke8, Kiowas, and Apaches of Arkansas River* — For the first C&manches,
five instalments, being the second series for the purchase of goods, pro vis- ?2!<? 8 »
ions, and agricultural implements, per sixth article treaty twenty-seventh kanaasBim. *
July, eighteen hundred and fifty-three, eighteen thousand dollars.

For expenses of transportation of the first of five instalments of goods,
provisions, and agricultural implements, per sixth article treaty twenty- Vol.au p. 1014.
seventh July, eighteen hundred and fifty-three, seven thousand dollars.

Kioway, Apache, and Camanches. — For the salary of an agent for the Kioway, Apa-
ETioway, Apache, and Camanche Indians, for the fiscal year ending June <&e> and daman-
thirty, eighteen hundred and sixty-five, fifteen hundred dollars. ches *

Greeks. — For permanent annuity in money, per fourth article treaty Creefc%
seventh August, seventeen hundred and ninety, and fifth article treaty sev- Vol. vh, p. 86 .
enth August, eighteen hundred and fifty-six, one thousand five hundred *** m
dollars.

For permanent annuity in' money, per second article treaty sixteenth Vol vfi. p. 69.
June, eighteen hundred and two, and fifth article treaty seventh August,
eighteen hundred and fifty-six, three thousand dollars.

For permanent annuity in money, per fourth article treaty twenty-fourth Vol. vii p. 287.
January, eighteen hundred and twenty-six, and fifth article treaty seventh
August, eighteen hundred and fifty-six, twenty thousand dollars.

For permanent provision! for blacksmith and assistant, and for shop and
tools, per eighth article treaty twenty-fourth January, eighteen hundred
and twenty-six, and fifth article treaty seventh August, eighteen hundred
and fifty-six, eight hundred and forty dollars.

For permanent provision for- iron and steel for shop, per. eighth article
treaty twenty-fourth January, eighteen hundred and twenty-six, and fifth
article treaty seventh August, eighteen hundred and fifty-six, two hundred
and seventy dollars. ' r

For permanent provision for the pay of a wheelwright, per eighth arti-
cle treaty twenty-fourth January, eighteen hundred and twenty-six, and
fifth article treaty seventh August, eighteen hundred and fifty-six, six hun-
dred dollars*

4t

m

THIRTY-EIGHTH CONGRESS. Sess. L Cbu 148. 1864

Creeks. For blacksmith and assistant and shop and tools daring the pleasure of

VoL vii. p. 419. the President, per fifth article treaty fourteenth February, eighteen hnn
dred aad thirty-three, and fifth article treaty seventh August, eighteen hun
dred and fifty-six, eight hundred and forty dollars.

For iron and steel for shop during the pleasure of the President, per
fifth article treaty fourteenth February, eighteen hundred and thirty-three,
and fifth article treaty seventh August, eighteen hundred and fifty-six, two
hundred and seventy dollars.

For wagon-maker during the pleasure of the President, per fifth article
treaty fourteenth February, eighteen hundred and tbirty-three, and fifth
article treaty seventh August, eighteen hundred and fifty-six, six hundred
dollars. *

For assistance in agricultural operations daring the pleasure of the Pres-
ident, per eighth article treaty twenty-fourth January, eighteen hundred
and twenty-six, and fifth article treaty seventh August, eighteen hundred
and fifty-six, two thousand dollars.

For education during the pleasure of the President, per fifth article treaty
fourteenth February, eighteen hundred and thirty-three, and fifth article
treaty seventh August, eighteen hundred and fifty-six, one thousand dollars.

For five per centum interest on two hundred thousand dollars for pur-
poses of education, per sixth article treaty seventh August, eighteen hun-
dred and fifty-six, ten thousand dollars.
Datawares. Delaware*. — For life-annuity to chief, per private article to supple-
Vol. vis. p. 138. mental treaty twenty-fourth September; eighteen hundred and twenty-nine,
to treaty of third October, eighteen hundred and eighteen, one hundred
dollars.

For interest on forty-six thousand and eighty dollars, at five per centum,
being the value of thirty-six sections of land set apart by treaty of eigh-
teen hundred and twenty-nine, for education, two thousand three hundred
and four dollars.

j omt8m lowas. — For interest in lieu of investment on fifty-seven thousand

dollars, balance of one hundred and fifty-seven thousand dollars, to the
first of July, eighteen hundred and sixty-five, at five per centum per an-
num, for education or other beneficial purposes, under the direction of the
President, two thousand eight hundred and seventy-five dollars.
y«ihjMu Kansas. — For interest in lieu of investment on two hundred thousand

dollars, at five per centum per annum, ten thousand dollars.
Kickapoos. JKxckapoos. — For eleventh instalment of interest, at five per centum,
on one hundred thousand dollars for educational and other beneficial pur-
poses, five thousand dollars.

For eleventh instalment on two hundred thousand* dollars, to be paid in
Vol. x. p. 1078. eighteen hundred and sixty-four, per second article treaty eighteenth May,
eighteen hundred and fifty-four, nine thousand dollars.
MfflffiMw m Menomonees* — For ninth of twelve instalments for continuing and
keeping up a blacksmith shop, and providing the usual quantity of iron
Vol. ix. p. 85& ^nd steel, per fourth article treaty eighteenth October, eighteen hundred
Volj£. p. 1065. and forty-eight, and third article treaty twelfth May, eighteen hundred
and fifty-four, nine hundred and sixteen dollars and' sixty-six cents.

For ninth of ten instalments of annuity upon two hundred 'thousand
dollars, balance of three hundred and fifty thousand dollars for cession of
lands, per fourth article treaty eighteenth October, eighteen hundred and
forty-eight, and third article treaty twelfth May, eighteen hundred and
fifty-four, twenty thousand dollars.

For ninth of fifteen instalments for pay of miller, per third article treaty
twelfth May, eighteen hundred and fifty-four, six hundred dollars.
MOamieaof . Miamies of Kansas. — For permanent provision for blacksmith and
VdLvii. i9i ft* 8 * 8 ** *' and iron and steel for shop, per fifth article treaty sixth October,
Vol xTpfiow*! eighteen hundred* and eighteen, and fourth article treaty June fifth, eigh
teen hundred and fifty-four, nine hundred and forty dollars.

n

THIRTY-EIGHTH CONGRESS* Sbs^L Ch.148. 1864 167

For permanent provision for miller, in lien of gunsmith, per fifth
article treaty sixth October, eighteen hundred and eighteen, fifth article
treaty twenty-third October, eighteen hundred and thirty-four, and fourth
article treaty fifth June, eighteen hundred and fifty-four, six hundred VoL vii p. 489.
dollars.

For interest on fifty thousand dollars, at five per centum, for educa-
tional purposes, per third article treaty fifth June, eighteen hundred and
fifty-four, two thousand -five hundred dollars.

For fifth of twenty instalments upon two hundred thousand dollars, per
third article treaty fifth June, eighteen hundred and fifty-four, seven thou-
sand five hundred dollars.

Mutinies of Indiana. — For interest on two hundred and twenty-one Hiamies of
thousand two hundred and fifty-seven dollars and eighty-six cents, utrin- ^k^. *
vested, at five per centum, for Miami Indians of Indiana, per Senate's yoLxTpfloSk
amendment to fourth article treaty fifth June, eighteen hundred and fifty-
four, eleven thousand and sixty-two dollars and eighty-nine cents.

Miamies — Eel River. — For permanent annuity in goods or other- Miamies —Eel
wise, per fourth article treaty third August, seventeen hundred and ninety- M
five, five hundred dollars. Vol. vii. p. 51.

For permanent annuity in goods or otherwise, per third article treaty Vol. vii. p. 91.
twenty-first August, eighteen hundred and five, two hundred and fifty
dollars.

For permanent annuity in goods or otherwise, per third and separate Vol vii. p. 114.
article to treaty thirtieth September, eighteen hundred and nine, three
hundred and-Sfty dollars.

Nisquatty, PuyaUup, and other Tribes and Bands of Indians. — For NiwuaHy,
tenth instalment, in part payment for relinquishment of title to lands, to
be applied to beneficial objects, per fourth article treaty twenty-sixth De- Indians,
comber, eighteen hundred and fifty-four, fifteen hundred dollars.

For tenth of twenty instalments for pay of instructor, smith, physician,
carpenter, farmer, and assistant if necessary, per tenth article treaty VoL x. p. 1134
twenty-sixth December, eighteen hundred and fifty-four, six thousand
seven hundred dollars*

Omahas. — For the seventh of ten instalments of this amount, being Omahas.
second of the series, in money or otherwise, per fourth article treaty six- VoL x. p. 1044.
teenth March, eighteen hundred and fifty-four, thirty thousand dollars.

For the last of ten instalments for support of a miller, per eighth article
treaty sixteenth March, eighteen Hundred and fifty-four, six hundred dollars.

For the last of ten instalments for support of blacksmith and assistant,
and iron and steel for shop, per eighth article treaty sixteenth March,
eighteen hundred and fifty-four, nine hundred and forty dollars*

For the last of ten instalments for support of former, per eighth article
treaty sixteenth March, eighteen hundred and fifty-four, six hundred
dollars.

For keeping in repair the grist and saw-mill provided for by the eighth
article of the treaty of sixteenth March, eighteen hundred and fifty-four,
three hundred dollars.

For supplying the smith's shop with tools, and keeping the same in
repair, per eighth article of the treatv of sixteenth March, eighteen hun-
dred and fifty-four, three hundred dollars.

For an engineer, one thousand two hundred dollars.

For assistant engineer for mill, six hundred dollars.

For assistant miller, three hundred dollars.

Osages. — For interest on sixty-nine thousand one hundred and twenty Osages.
dollars, at five per centum, being the value of fifty-four sections of land
set apart second June, eighteen hundred and twenty-five, for educational
purposes, per Senate resolution nineteenth January, eighteen hundred and
thirty-eight, three thousand four hundred and fifty^six dollars.

Ottoes and Missourias. — For seventh of ten instalments, being the Ottoes and

168

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 148. 1864

Vol. x. p. 1089. second series, in -money or otherwise, per fourth article treaty fifteenth
March, eighteen hundred and fifty-four, thirteen thousand dollars*

For last of ten instalments for pay of miller, per seventh article treaty
fifteenth March, eighteen hundred and fifty-four, six hundred dollars.

For last of ten instalments for blacksmith and assistant, and iron and
steel for shop, per seventh article treaty fifteenth March, eighteen hundred
and fifty*four, nine hundred and forty dollars.

For last of ten instalments for farmer, per seventh article treaty fif-
teenth March, eighteen hundred and fifty-four, six hundred dollars*

For keeping in repair the grist and saw-mill provided for by the seventh
article of die treaty of fifteenth March, eighteen hundred and fifty-four,
three hundred dollars.

For supplying the smith's shop with tools, and keeping the same in
repair, per seventh article of the treaty fifteenth March, eighteen hundred
and fifty-four, three hundred dollars.

For an engineer, one thousand two hundred dollars.
Ottawas and Ottawa* and Chippewa* of Michigan. — For ninth of ten equal annual
jfltejjf °* instalments for educational purposes, to be expended under the direction
mcmgan. ^ ^ President, according to the wishes of the Indians, so far as may be
Vol xi. p. 623. reasonable and just, per second article of the treaty of thirty-first July,
eighteen hundred and fifty-five, eight thousand dollars*

For ninth of ten instalments for the support of four blacksmith-shops,
per second article of Hie treaty of thirty-first July, eighteen hundred and
fifty-five, four thousand two hundred and forty dollars.

For ninth of tea instalments of principal, payable annually for ten
years, to be distributed per capita, in the usual manner of paying annui-
ties, per second article of the treaty of thirty-first July, eighteen hundred
and My-five, ten thousand dollars.

For interest on two hundred and sixteen thousand dollars, unpaid part
of the principal sum of three hundred and six thousand dollars, for one
year, at five per centum per annum, to be distributed per capita, in the
usual manner of paying annuities, per second article of the treaty of
thirty-first July, eighteen hundred and fifty-five, ten thousand eight hun-
dred dollars.

For ninth of ten equal annual instalments on thirty-five thousand dol-
lars, in lieu of former treaty stipulations, to be paid per capita to the
Gran*! River Ottawas, per second article treaty thirty-first July, eighteen
hundred and fifty-five, three thousand five hundred dollars.
Pawnees. Pawnees. — For second of five instalments of the second series in goods
Vol. zL p. 729. and such articles as may be necessary for them, per second article treaty
twenty-fourth September, eighteen hundred and fifty-seven, thirty thou-
sand dollars.

For support of two manual labor schools, annually, during the pleasure
' of the President, per third article treaty twenty-fourth September, eigh-
teen hundred and fifty-seven, ten thousand dollars.

For pay of two teachers, under the direction of the President, per third
article treaty twenty-fourth September, eighteen hundred and fifty-seven,
one thousand two hundred dollars.

For purchase of iron and steel, and other necessaries fqr the shop, dur-
ing the pleasure of die President, per fourth article treaty twenty-fourth
September, eighteen hundred and fifty-seven, five hundred dollars.

For pay of two blacksmiths, one of whom to be a gunsmith and tin-
smith, per fourth article treaty twenty-fourth September^ eighteen hun-
dred and fifty-seven, one thousand two hundred dollars.

For .compensation of two strikers or apprentices in shop, per fourth
article treaty twenty-fourth September, eighteen hundred and nliy-seven,
four hundred and eighty dollars.

For seventh of ten' instalments for forming utensils and stock during
the pleasure of the President, per fourth article treaty twenty-fourth Sep-

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 148. 1864 169

tember, eighteen hundred and fifty-seven, one thousand two hundred doi- Pawneee.
lars.

For pay of farmer, per fourth articfe treat/ twenty-fourth September,
eighteen hundred and fifty-seven, six hundred dollars*

For sixth of ten instalments for pay of miller, at the discretion of the
President, per fourth article treaty twenty-fourth September, eighteen
hundred and fifty-seven, six hundred dollars.

For sixth of ten instalments for pay of an engineer, at the discretion
of the President, per fourth article treaty twenty-fourth September, eigh-
teen hundred and fifty-seven, one thousand two hundred dollars.

For compensation to apprentices, to assist in working the mill, per
fourth article treaty twenty-fourth September, eighteen hundred and fifty-
seven, five handred dollars.

Pottawatomie* of Huron. — For permanent annuity in money or Pottawatomie*
otherwise, per second article treaty seventeenth November, eighteen hun- °f r H 1 uro °* _
dred and seven, four hundred dollars. Vol. vu. p. 105.

Pottawatomie*.— For permanent annuity in silver, per fourth article Pottawatomie*
treaty third August, seventeen hundred and ninety-five, one thousand -Vol.viLp.5l.
dollars.

For permanent annuity in silver, per third article treaty thirtieth Sep- vol* vii. p. Hi.
tember, eighteen hundred and nine, five hundred dollars.

itar permanent annuity in silver, per third article treaty second Octo- voL viL p. 185.
ber, eighteen hundred and eighteen, two thousand five hundred dollars*

For permanent annuity in money, per second article treaty twentieth Vot vii. p. 317.
September, eighteen hundred and twenty-eight, two thousand dollars.

For permanent annuity in specie, per second article treaty twenty-ninth VoL vii. p. m.
July, eighteen hundred and twenty-nine, sixteen thousand dollars.

For life-annuity to Chief, per third article treaty twentieth October, VoL vii p. 379.
eighteen hundred and thirty-two, two hundred dollars*

For life-annuity to chiefs, per third article treaty twenty-sixth Septem- Vol. vii. p. 432.
ber, eighteen "hundred and thirty-three, seven hundred dollars.
^ For education during the pleasure of congress, per third article treaty VoL viL p, 296\
sixteenth October, eighteen hundred and twenty-six, second article treaty Vol vii. p. 317.
twentieth September, eighteen hundred and twenty-eight, and fourth Vol. vit p. 379.
article treaty twenty-seventh October, eighteen hundred and thirty-two,
five thousand dollars.

For permanent provision for the payment of money in lieu of tobacco, Vol ix. p. 855.
iron, and steel, per second article treaty twentieth September, eighteen
hundred and twenty-eight, and tenth article of the treaty of the fifth and
seventeenth June, eighteen ' hundred and forty-six, three hundred dol-
lars..

For permanent provision for three blacksmiths and assistants, {iter third
article treaty sixteenth October, eighteen hundred and twenty-six, second
article treaty twentieth September, eighteen hundred and twenty-eighty
and second article treaty twenty-ninth July, eighteen hundred and twenty-
nine, two thousand one hundred and sixty dollars.

For permanent provision for iron and steel for shops, per third article
treaty sixteenth October, eighteen hundred and twenty-six, second article
treaty twentieth September, eighteen hundred and twenty-eight, and sec-
ond article treaty twenty-ninth July, eighteen hundred and twetity-nine,
six hundred and sixty dollars.

For permanent provision for fifty barrels of salty per second article of
treaty twenty-ninth July, eighteen hundred and twenty-nine, two hundred,
and fifty dollars.

For interest on six hundred and forty-three thousand dollars, at five
per centum, per seventh article of the treaty of the fifth and seventeenth
of June, eighteen hundred and forty-six, thirty-two thousand one hundred
and fifty dollars.

Quapaw*. — For education during the pleasure of the President* per Qoapaws.
vol. xiii. Pub. — 15

I

IftT Tffl3RTT^EIGHTH C03N5&ES& Sbss. L- ft*. 14$. J&fcL

Vol. vii. p. 4&5. - third article,' treaty thirteenth May, eighteen hundred and thirty-three? one
thousand dollars.

For blacksmith and assistant, shop and tools, and iron and steel for
shop, during the pleasure of the President, per third article treaty thir-
teenth May, eighteen hundred and thirty-three, jone thousand and sixty
dollars*

For fanner during the pleasure of the President, per third article
treaty thirteenth May, eighteen hundred and thirty-three, six hunched
dollars*

For payment of. expenses incident to the removal of the Quapaw
Indians from Kansas, and their reestablishment in their own country,
nine thousand seven hundred and twenty-six dollars and thirty-tjbree
cents.

Bogne Rivera. Rogue Rivers* — For eleventh of sixteen instalments in blankets,
Vol. x. p. ioi& clothings farming-utensils, and stock, per third article treaty tenth Sep-
tember, eighteen hundred and fifty-three, two thousand five hundred
dollars.

Sacs and Poxes Sacs and Foxes of Mississippi, — For permanent annuity in goods or
°VoL^Sfm8^ otherwise, per third article treaty third November, eighteen hundred and

* four, one thousand dollars.
VoL vii p. 540. For interest on two hundred thousand dollars, at five per centum; per
second article treaty twenty-first October, eighteen hundred and thirty-
seven, ten thousand dollars. '
Vol. vii. p. m. For interest on eight hundred thousand dollars, at five per centum, per
second article treaty eleventh October, eighteen hundred and fortyiwo,
forty thousand dollars.
ofMtooarf. Sacs and Foxes of Mssouri. — For interest on one hundred and fifty-
VoL vii. p. 540. seven thousand four hundred dollars, at five per centum, under the direV*
tion of the President, per second article treaty twenty-first October* eigh-
teen hundred and thirty-seven, seven thousand eight hundred and seventy
dollars.

Seminoles. Seminolei. — For the eighth of ten instalments for the support . of
Vol. xi p. 702. schools, per eighth article treaty seventh August, eighteen hundred and

fifty-six, three thousand dollars.
P/>v the eighth of ten instalments for agricultural assistance, per

eighth article treaty sbventh August, eighteen hundred and fifty-six, two

thousand dollars.

For the eighth of ten instalments for the support of smiths and sj^u^s*
shops, per eighth article treaty seventh August, eighteen hundred and
fifty-six, two thousand two hundred dollars.

For five per centum interest on two hundred and fifty thousand dollars,
to he paid as annuity, per eighth article treaty seventh August) eighteen
hundred and fifty-six, twelve thousand five hundred dollars.

For interest on two hundred and fifty thousand dollars, at five per cen-
tum, to be paid as annuity, they having* joined their brethren west, per
eighth article treaty seventh August, eighteen hundred and fifty-sjbc,
twelve thousand five hundred dollars* * . '

Seneeas. Senecas. — For permanent annuity in specie, per touxtn article treaty

You vii. p. 161. twenty-ninth September, eighteen hundred and seventeen, five hup&ed
dollars.

For permanent annuity in specie, per fourth article treaty seventeenth
September, eighteen hundred and eighteen, five hundred.doUars.
Vol. vii p. 349. For blacksmith and assistant, shop and tools, and iron and steel, during
the pleasure of the President^ per fourth article treaty twenty-eighth
February, eighteen hundred and thirty-one, one thousand and sixty
dollars

For miller during, the pleasure of the President, per fourth article
treaty twenty-eighth February, eighteen hundred and thirty-one, six. bun*
dred dollars.

THIBTY-EI6HTH CONGRESS. Sess. L Ch. 148- 1864

171

Seneeas of New York* — For permanent annuity in Hen of interest on Seneeas of New
stock, per act of nineteenth February, eighteen hundred and thirty-one, Y< J*^ .

• V * a a ti lOOXm CD. SO.

six thousand dollars* Vol. tv. p. 442.

For interest, in lien of investment, on seventy-five thousand dollars, at 1846, ch. 84.
five per centum, per act of twenty-seventh June, eighteen hundred and VoL ^ **•
forty-six, three thousand seven hundred and fifty dollars.

For interest at five per centum, on forty-three thousand and fifty dol-
lars, transferred from Ontario Bank to the United States treasury, per
act of twenty-seventh June, eighteen hundred and forty-six, two thou-
sand one hundred and fifty-two dollars and fifty cents.

Seneeas and Shawnees. — For permanent annuity in specie, per fourth Seneeas and
article treaty seventeenth September, eighteen hundred and eighteen, one 179
thousand dollars.

For blacksmith and assistant, shop and tools, and iron and. steel for Vol. vii. p. 862.
shop, during the pleasure of the President, per fourth article treaty twen-
tieth July, eighteen hundred and thirty-one, one thousand and sixty
dollars.

Shawnees. — For permanent annuity for educational purposes, per Shawnees.
fourth article treaty third August* seventeen hundred and ninety-five, and Voh ™ P- KJi
third article treaty tenth May, eighteen hundred and fifty-four, one thou- ° ^ ^
sand dollars.

For eleventh instalment of interest, at five per centum, on forty thou-
sand dollars for education, per third article treaty tenth May, eighteen
hundred and fifty-four, two thousand dollars*

For permanent annuity for educational purposes, per fourth article Vol. vii. p. 46.
treaty twenty-ninth September, eighteen hundred and seventeen, and
third article treaty tenth May, eighteen hundred and fifty-four, two thou-
sand dollars.'

Six Nations of New York. — For permanent annuity in clothing and Six Nations of
other useful articles, per sixth article treaty eleventh November, seven- ^SZ T?? k « aa
teen hundred and nbety-four, four thousand five hundred dollars. Vol. vu. p. 48.

Treaty of FoH Laramie. — For fourth of five instalments, at the dis- Treaty of Fort
cretion of the President, in provisions and merchandise; for payment of *^3!xL ». 749.
annuities, and transportation of the same, to certain tribes of Indians, * '
seventy thousand dollars.

UmpquaSy {Cow Cheek Band.) — For eleventh of twenty instalments tJmpqaas (Cow
In blankets, clothing, provisions, and stock, per third article treaty nine- Creek ^d).
teenth September, eighteen hundred and fifty-three, five* hundred and fifty *"
dollars.

Umpquas and Ccdapooias, of Umpqua Valley, Oregon. — For last of Ump^uas and
five instalments, of the second series, of annuity for beneficial objects, to c^M^ a vaflev.
be expended as directed by the President, per third article treaty nineteenth Vol. x. p. 1137.*
September, eighteen hundred and fifty-three, two thousand three hundred
dollars.

For last of ten instalments for the pay of a blacksmith and furnishing
shop, per sixth article treaty twenty-ninth of November, eighteen hundred
and fifty-four, one thousand five hundred dollars.

For tenth of fifteen instalments for the pay of a physician and pur-
chase of medicines, per sixth article treaty twenty-ninth November,
eighteen hundred and fifty-four, two thousand dollars.

For last of ten instalments for the pay of a farmer, per sixth article
treaty twenty-ninth November, eighteen hundred and fifty-four, one
thousand dollars*

For tenth of twenty instalments for the pay of a teacher and purchase
of books and stationery, per sixth article treaty twenty-ninth * November,
eighteen hundred and fifty-four, one thousand four hundred and fifty dollars*

Winnebagoes. — For interest on one million dollars, at five per centum, Wfnoebagoes.
per fourth article treaty first November, eighteen hundred and thirty- Vol vii p. 54«.
seven, fifty thousand dollars.

172

THIRTY-EIGHTH CONGRESS- Sess. 1 Ch. 148. ' 1864

Vol. be p. 878. For eighteenth of thirty instalments of interest on eighty-five thousand
dollars, at five per centum, per fourth article treaty thirteenth October,
eighteen hundred and forty-six, four thousand two hundred and fifty
dollars.

Removal of For deficiencies in subsistence and expenses o£ removal and support of
froafil^nD^tfL *° e Sioirx and Winnebago Indians of Minnesota, during the fiscal year

ending June thirtieth, eighteen hundred and sixty-four, one hundred
thirty-seven thousand two hundred and ninety-three dollars and forty
cents : Provided, That the portion expended in behalf of the Winneba-
goes shall be reimbursed to the treasury upon the sale of their lands in

Minnesota, to enable the Secretary of 'the Interior to take charge of cer-
tain stray bands of Winnebago and Pottowatoniie Indians, now in the
State of Wisconsin, with a view to prevent any further depredations by
them upon the citizens of that state, and for provisions and subsistence,
ten thousand dollars : Provided^ That the proportion of annuities to which
said stray bands of Pottowatomies and Winnebagoes would be entitled if
they were settled upon their reservations with their respective tribes shall
be retained in the treasury to their credit, from year to year, to be paid
to them when they shall unite with their said tribes, or to be used by the
Secretary of the Interior in defraying] the expenses of their removal, or
in settling and subsisting them on any other reservation which may here-
after be provided for them*

Special agent For the salary of a special agent, to take charge of said Indians,
fifteen hundred dollars.

Yancton Stoox. Yaneion Tribe of Sioux. — For sixth of ten instalments to be paid to

o xi. p. them or expended for their benefit, commencing with .the year in which
they shall remove to and settle and reside upon their reservation, per
fourth article treaty nineteenth April, eighteen hundred and fifty-eight,
sixty-five thousand dollars.

Galapooiaa, Calapooias, Molatta, and Clackamas Indians, of WiUamet[te] Valley. —

wn^if^i^fJif For last of five instalments of annuity for beneficial objects, per second
WdiametteVal ^ ^^^^ January f dghteeil hundr & fifty-five,

Vol. x. p. U44. eight thousand dollars*

Poncas. Poncas. — For the first of ten instalments of the second series, to be

Vol. xii. p. 997. paid to them, or expended for their benefit, commencing with the year in
which they shall remove to and settle upon the tract reserved for their
future homes, per second article treaty twelfth March* eighteen hundred
and fifty-eight, ten thousand dollars. j

For sixth of ten instalments for the establishment and maintenance of
one or more manual-labor schools, under the direction of the President,
per second article treaty twelfth March, eighteen hundred and fifty-eight,
five thousand dollars.

For sixth of ten instalments, or during the pleasure of the President,
to be expended in furnishing said Indians with such aid and assistance in
agricultural and mechanical pursuits, including the working of the -mill
provided for in the first part of this article, as, the Secretary of the In-
terior may consider advantageous and necessary for them, per second
article treaty twelfth March, eighteen hundred and fifty-eight, seven
thousand five hundred dollars*
Dwami8b,&^ Dwamish and ether Allied Tribes in Washington Territory* — For
in Washington fifth instalment on one hundred and fifty thousand dollars, under the
Yo?.xti?p*diff* direction of the President, per sixth article treaty twenty-second January^
eighteen hundred and fifty-five, ten thousand dollars* • •

For fifth of twenty instalments for the establishment and support of
an agricultural and industrial school, and to provide said school with a
suitable instructor or instructors, per fourteenth article treaty twenty-
second January, eighteen hundred and fifty-five, three thousand dollar&>

For fifth of twenty instalments for the establishment and support of a
smith arid carpenter shop, and to furnish them with the necessary tools,

THIRTY-EIGHTH CONGRESS. Sess. I Ch. 148. 1864

173

per fourteenth article treaty twenty-second January, eighteen hundred and
fifty-five, five hundred dollars.

For fifth of twenty instalments for the employment of a blacksmith,
carpenter, farmer, and physician, who shall famish medicines for the sick,
per fourteenth article treaty twenty-second January, eighteen hundred and
flftywfive, four thousand six hundred dollars*

Makah Tribe. — For second of three instalments on thirty thousand Makah tribe,
(dollars, under tbe direction of the President, per fifth article treaty thirty- VoL xfc p. WO.
first January, eighteen hundred and fifty-five, two thousand dollars.

For fifth of twenty instalments for the support of an agricultural and
industrial school, and for pay of teachers, per eleventh article treaty
thirty-first January, eighteen hundred and fifty-five, two thousand five
hundred dollars*

For fifth of twenty instalments for support of a smith and carpenters'
shop, and to provide he necessary tools therefor, per eleventh article
treaty thirty-first January, eighteen hundred and fifty-five, five hundred
dollars*

For fifth of twenty instalments for the employment of a blacksmith,
carpenter, farmer, and physician, who shall furnish medicines for the
sick, per eleventh article treaty thirty-first January, eighteen hundred
and fifty-five, four thousand six hundred dollars.

WaUa-Walla, Gayu&z, and Umatilla TVibes. — For last of five instal- Walla-Wafla,
ments of eight thousand dollars, under the direction of the President, per Cayuf^and
second article treaty ninth June, eighteen hundred and fifty-five, eight vjf^^^i
thousand dollars.

For fifth of twenty instalments for the purchase of all necessary mill-
fixtures and mechanical tools, medicines, and hospital ^stores, books and
stationery for schools, and furniture for the employees, per fourth article
treaty ninth June, eighteen hundred and fifty-five, three thousand dol-
lars*

For fifth of twenty instalments for the pay and subsistence of one
superintendent of farming operations, one farmer, two millers, one black-
smith, one wagon and plough maker, one carpenter and joiner, one
physician, and two teachers, per fourth article treaty ninth June, eighteen
hundred and fifty-five, eleven thousand two hundred dollars.

For fifth of twenty instalments for the pay of each of the head chiefs
of the Walla-Walla, Cayuse, and Umatilla bands, the sum of five hun-
dred dollars per annum, per fifth article treaty ninth June, eighteen hun-
dred and fifty-five, one thousand five hundred dollars.

For fifth of twenty instalments for salary for the son of Pio-pio-utox-
mox, per fifth article treaty ninth June, eighteen hundred and fifty-five,
one hundred dollars.

For tbe erection of a saw and grist mill, in accordance with the pro-
visions of the fourth article of the treaty of June ninth, eighteen hundred
and fifty-five, ten thousand dollars.

Yakama Nation. — For last of five instalments for beneficial objects, Yakama nation,
at the discretion of the President, per fourth article treaty ninth June, Vol* xu» p* 953.
eighteen hundred and fifty-five, ten thousand dollars.

For fifth of twenty instalments for the support of two schools, one of
which to be an agricultural and industrial school; keeping in repair
* school-buildings, and for providing suitable furniture, books, and station-
ery, per fifth article treaty ninth June, eighteen hundred and fifty-five,
five hundred dollars.

For fifth of twenty instalments for the employment of one superin-
tendent of teaching and two teachers, per fifth article treaty ninth June,
eighteen hundred and fifty five, three thousand two hundred dollars.

For fifth of twenty instalments for the employment of one superin-
tendent of farming and two farmers, two millers, two blacksmiths, one
tinner, one gunsmith, one carpenter, and one wagon and plough maker,

15 *

174

THIRTY-EIGHTH CONGRESS. Sssb.1. Ch. 148. 1864.1

per fifth article treaty ninth Jane, eighteen hundred and fifty-five, nine
thousand four hundred dollars.

For fifth of twenty instalments for keeping in repair saw and flouring
mills, and for furnishing the necessary tools and fixtures, per fifth article
treaty ninth Jane, eighteen hundred and fifty-five, five hundred dollars,

Foi* fifth of twenty instalments for keeping in repair the hospital, and
providing the necessary medicines and fixtures therefor, per fifth article
treaty ninth June, eighteen hundred and fifty-five, three hundred dollars*

For fifth of twenty instalments for the pay of a physician, per fifth
article treaty ninth June, eighteen hundred and fifty-five, one thousand
four hundred dollars.

For fifth of twenty instalments for keeping in repair the buildings re*
quired for the various employees, and for providing the necessary furni-
ture therefor, per fifth article treaty ninth J une, eighteen hundred and fifty-
five, three hundred dollars.

For fifth of twenty instalments for the salary of such person as the
said confederated tribes and bands of Indians may select to be their head
chief, per fifth article treaty ninth June, eighteen hundred and fifty-five,
five hundred dollars.

Nez Perce In- j Jfez Peree Indians. — For last of five instalments for beneficial ob-
Vof xit p. 958. I 60 * 8 ) ti* e discretion of the President, per fourth article treaty eleventh
* June, eighteen hundred and fifty-five, ten thousand dollars.

For fifth of twenty instalments for the support of two schools, one of
which to be an agricultural and industrial school ; keeping in repair
school-buildings, and for providing suitable furniture, books, and' station*
ery> per fifth article treaty eleventh June, eighteen hundred and fifty-five,
five hundred dollars*

For fifth of twenty instalments for the employment of one superintend-
ent of teaching and two teachers, .per fifth article treaty eleventh June,
eighteen hundred and fifty-five, three thousand two hundred dollars. ✓

For fifth of twenty instalments for keeping in repair blacksmiths 9 , tin-
smiths', gunsmiths', carpenters', and wagon and plough makers' shops, and
for providing necessary tools therefor, per fifth article treaty eleventh
Jane, eighteen hundred and fifty-five, five hundred dollars.

For fifth of twenty instalments for the employment of one superintend-
ent of farming, and two farmers, two millers, two blacksmiths, one tinner,
one gunsmith, one carpenter, and one wagon and plough maker, per fifth
article treaty eleventh June, eighteen hundred and fifty-five, nine thousand
four hundred dollars.

For fifth of twenty instalments for keeping in repair saw and flouring
mills, and for furnishing the necessary tools and fixtures therefor, per fifth
article treaty eleventh June, eighteen hundred and fifty-five, five hundred
dollars.

For fifth of twenty instalments for keeping in repair the hospital, and
providing the necessary medicines and furniture therefor, per fifth article
treaty eleventh June, eighteen hundred and fifty-five, three hundred dol-
lars.

For fifth of twenty instalments for pay of a physician, per fifth article
treaty eleventh Jane, eighteen hundred and fifty-five, one thousand four
hundred dollars.

For fifth of twenty instalments for keeping in repair the buildings for
the various employees, and for providing the necessary furniture therefor,
per fifth article treaty eleventh June, eighteen hundred and fifty-five, three
hundred dollars.

For fifth of twenty instalments for the salary of such person as the
tribe may select to be their head chief, per fifth article treaty eleventh
June, eighteen hundred and fifty-five, five hundred dollars.
Fkttaads and Flatheads and other confederated Tribes. — For the first of five instal-
JJJ^SSSjt ments on one hundred and twenty thousand dollar^, being the second.

THIRTY-EIGHTH -CONGRESS. «Sxsa. L Ch. 148. 1864. Hi

%

series, for beneficial objects; at the discretion of the President, per fourth Fiafhead^&c.
article treaty sixteenth July, eighteen hundred and fifty-five, five thousand Vol. xfl. n. «*»* ,
dollars.

For Mb of twenty instalments for the support of an agricultural and
industrial school, keeping in repair the buildings, and providing suitable
furniture, books, and stationery, per fifth article treaty sixteenth July,
eighteen hundred and fifty-five, three hundred dollars*

For fifth of twenty instalments for providing suitable instructors there-
for, per fifth article treaty sixteenth July, eighteen hundred and fifty-five,
one thousand eight hundred dollars*

For fifth of twenty instalments for keeping- in repair blacksmiths 9 , tin
and gunsmiths 9 , carpenters 9 , and wagon and plough makers 9 shops, and
providing necessary tools therefor, per fifth article treaty sixteenth Jury,
eighteen hundred and fifty-five, five hundred dollars.

For fifth of twenty instalments for the employment of two farmers, two
millers, one blacksmith, one tinner, one gunsmith, one carpenter, and one
wagon and plough maker, per fifth article treaty sixteenth July, eighteen
hundred and fifty-five, seyen thousand four hundred dollars*

For fifth of twenty instalments for keeping in repair saw and flouring
mills, and for furnishing the necessary tools and fixtures therefor, per fifth
article treaty sixteenth July, eighteen hundred and fifty-five, five hundred
dollars*

For fifth of twenty instalments for keeping in repair the hospital, and
providing the necessary medicines and furniture therefor, per fifth article
treaty sixteen th Ju ly, eighteen hundred and fifty-five, three hundred dollars.

For fifth of twenty instalments for pay of a physician, per fifth article
treaty sixteenth July, eighteen hundred and fifty-five, one thousand four
hundred dollars*

For flfth of twenty instalments for keeping in repair the buildings
required for the various employees, and furnishing necessary furniture
therefor, per fifth article treaty sixteenth July, eighteen hundred and fifty-
five, three hundred dollars*

For fifth of twenty instalments for the pay of each of the head chiefs
of the Flatheads, Kootenays, and Upper Fend d'Oreilles tribes, per fifth
article treaty sixteenth July, eighteen hundred and fifty-five, fifteen hun-
dred dollars*

Confederated Tribes and Bands of Indians in Middle Oregon. — For Middle Oregon*
fifth of five instalments of eight thousand dollars for beneficial objects, at VoL P^**-
the discretion of the President, per second article treaty twenty-fifth June,
eighteen hundred and fifty-five, eight thousand dollars*

For fifth of fifteen instalments for pay and subsistence of one farmer,
one blacksmith, and one wagon and plough maker, per fourth article
treaty twenty-fifth June, eighteen hundred and fifty-five, three thousand
five hundred dollars.

For fifth of twenty instalments for pay and subsistence of one physician,
"one sawyer, one miller, one superintendent of farming operations, and one
school teacher, per fourth article treaty twenty-fifth June, eighteen hun-
dred and fifty-five, five thousand six hundred dollars.

For fifth of twenty instalments for payment of salary to the head chief
of said confederated bands, per fourth article treaty twenty-fifth June,
eighteen hundred and fifty-five, five hundred dollars*

Mold Indians. — For fifth of ten instalments for keeping in repair saw Molels.
and flouring mills, and for the pay of necessary employees, the benefits of Vol xih p. 381.
which to be shared alike by all the confederated bands, per second article
treaty twenty-first December, eighteen hundred and fifty-five, one thou-
sand five hundred dollars.

For last of five instalments (in addition to the instalment specified in the
treaty of twenty-ninth November, eighteen hundred and fifty-four, with -
the Umpquas and Calapooias of Umpqua valley) for furnishing iron and
steel ana other materials for the smith in [and] tin-shops provided for in

17* THIRTY-EIGHTH CONGRESS. Skis. L Ob. 148. 1864.

said treaty, and for the pay of die necessary mechanics, per second article
treaty twenty-first December, eighteen hundred and fifty-five, one thou*
sand eight hundred dollars.

For fifth of ten instalments for the pay of A carpenter and joiner to aid
in erecting buildings and making furniture for said Indians, and to furnish
tools in said service, per second article treaty twenty-first December, eigh-
teen hundred and fifty-five, two thousand dollars*

For pay of teachers to manual-labor school, for all necessary materials
therefor, and for the subsistence of the pupils, per second article treaty
twenty-first December, eighteen hundred and fifty-five, three thousand
dollars*

For last of five instalments for the pay of an additional farmer, per
second article treaty twenty-first December* eighteen hundred and fifty-
five, eight hundred dollars.
Qui-naMts Qui-nai-eU and QiriMeh-wte Indians* — For second of three instalments
and QuilJeh- on twenty-five thousand dollars for beneficial objects, under the direction
"vS. xJLp.972. °^ tne President, per fourth article treaty first July, eighteen hundred and

fifty-five, one thousand six hundred dollars.

For fifth of twenty instalments for the support of an agricultural and in*
dustrial school, and for pay of suitable instructors, per tenth article treaty
first July, eighteen hundred and fifty-five, two thousand five hundred dollars.

For fifth of twenty instalments for support of smith and carpenter shop,
and to provide the necessary tools therefor, per tenth article treaty first
July, eighteen hundred and fifty-five, five hundred dollars.

For fifth of twenty instalments for the employment of a blacksmith,
carpenter, and farmer, and a physician who shall furnish medicines for
the sick, per tenth article treaty first July, eighteen hundred and fifty-five,
four thousand six hundred dollars*
g'KlaUflms. S'KktUams. — For second of* three instalments on sixty thousand dol-
YoL xii. p. 934. krs, under the direction of the President, per fifth article treaty twenty-
sixth January, eighteen hundred and fifty-five, four thousand dollars.

For fifth of twenty instalments for the support of an agricultural and
industrial school, and for pay of suitable teachers, per eleventh article
treaty twenty-sixth January, eighteen hundred and fifty-fiv^ two thousand
five hundred dollars.

For fifth of twenty instalments for the employment of a blacksmith,
carpenter, farmer, and a physician who shall furnish medicines for the
sick, per eleventh article treaty twenty-sixth January, eighteen hundred
and fifty-five, four thousand six hundred dollars.
Ottewas of Ottawa Indians of BlanckaroVs Fork and Roche de Bceuf.~- For second
JM f^S a 'd? °^ TOQr w8teline,lt8 » fa money, per fourth article treaty twenty-fourth June,
S£o£ * eighteen hundred and sixty-two, eight thousand five hundred dollars.
VoLadi p. For interest on twenty-five thousand five hundred dollars, at five per
centum, per fourth article treaty twenty-fourth June, eighteen hundred
and sixty-two, one thousand two hundred and seventy-five dollars.
Arapaboes and Arapahoes and Ckeyenne Indians of the Upper Arkansas River. — For
caieyennesofthe fourth of fifteen instalments of annuity of thirty thousand dollars, to be
Upper Arkansas. expended f or the ; r benefit, that is to say, fifteen thousand dollars per

annum for each tribe, commencing with the year in which they shall
remove to and settle upon their reservations, thirty thousand dollars.

For second of five instalments to provide the said Indians with a mill
suitable for sawing timber and grinding grain, one or more mechanics'
shops, with necessary tools for the same, and dwelling-houses for, an inter-
preter, miller, engineer for mill, (if one be necessary,) formers, and the
mechanics that may be employed for their benefit, five thousand dollars.

For transportation and necessary expenses of delivery of annuities,
goods, and provisions, five thousand dollars.

For insurance, transportation, and necessary expenses of the delivery
of annuities and provisions of [to] the Cbippewas of Lake Superior, five
thousand seven hundred and sixty-two dollars and sixty-three cents.

THIRTY-EIGHTH CONGRESS. Sua*. I. Cfc 148. 1864

177

For insurance, transportation, and necessary expenses of the delivery of
annuities and provisions of [to J the Chippewas of the Mississippi, three
thousand eight hundred and eighty-six dollars and seventy-five cents*

Indian Service in New Mexico. For general incidental expenses of Indian service
the Indian service in New Mexico, presents of goods, agricultural imple- m New Mexico,
stents, and other useful articles, and to assist them to locate in permanent
abodes and sustain themselves by the pursuits of civilized life, to be
expended under the direction of the Secretary of the Interior, fifty thou-
sand dollars*

New Mexico Superintendeney. — For deficiency m the appropriation Hew Mexico
for the Indian service in New Mexico, &r the fiscal year ending Jane Supertatendency.
thirtieth, eighteen hundred and sixty-four, twenty-five thousand dollars.

Indian Service in the District of Country leased from the Ohoctaws for
the Indians lately residing in Texas. — For the expenses of colonizing, Indian service
supporting, and furnishing agricultural implements and stock ; pay of neces- JJL^ 01 ^^ 16 ^^
sary employees, purchase of clothing, medicines, iron and steel, and main- m aws *
tenance of schools for Indians lately residing in Texas, to be expended
under the direction' of the Secretary of the Interior, twenty-two thousand
eight hundred and twenty-five dollars*

For the Wickitas and other affiliated Bands. — For the expenses of col- Wichitas, &c
onizing, supporting, and furnishing said bands with agricultural implements
and stock, pay of necessary employees, purchase of clothing, medicines, iron
and steel, and maintenance of schools, to be expended under the direction
of the Secretary of the Interior, thirty-seven thousand eight hundred dollars.
* Eastern Bands of Shoshonees. — For first of twenty instalments, to be Shoshonees,
expended under the direction of the President in the purchase of such ar- Eastern bands,
tidies as he may deem suitable to their wants, either as hunters or herds-
men, per fifth article treaty second July, eighteen hundred and sixty-three,
for the fiscal year ending June thirty, eighteen hundred and sixty-five, ten
thousand dollars.

Northwestern Bands of Shoshonees. —'For first of twenty instalments, Northwestern
to be expended under the direction of the President in the purchase of b*"^*
such articles as he may deem suitable to their wants, either as hunters or
herdsmen, per third article treaty thirtieth July, eighteen hundred and sixty-
three, for the fiscal year ending June thirty, eighteen hundred and sixty-
five, five thousand dollars.

Goshiss Bands of Shoshonees. — For first of twenty instalments to be Goshfas bands,
expended under the direction of the President in the purchase of such ar-
ticles, including cattle for herding, or other purposes, as he shall deem suit-
able for their wants and condition, either as hunters or herdsmen, per seventh
article treaty October twelve, eighteen hundred and sixty-three, for the
fiscal year ending June thirty, eighteen hundred and sixty-five, one thou-
sand dollars*

Greek Nation. — For interest on two hundred thousand dollars, at five Creeks,
per centum per annum, as permanent annuity, to be paid them in money,
or for such mechanical labor or useful articles as the Secretary of the In-
terior may from time to time direct, per third article treaty September
three, eighteen hundred and sixty-three, for the fiscal year ending June
thirty, eighteen hundred and sixty-five, ten' thousand dollars, payable on
condition that the said nation ratify the amendments made by the Senate.

For payment of first instalment, to be expended for their benefit in the
purchase of stock, horses, sheep, clothing, and such other articles as the
Secretary of the Interior, with the council of said nation, may direct, per
fourtn article of treaty September three, eighteen hundred and sixty-three,
as amended by the Senate, for the fiscal year ending Jane thirty, eighteen
hundred and sixty-five, forty thousand dollars, payable on condition that
the said nation ratify the amendments made by the Senate.

Chippewas of Bed Lake and Pembina. — For this amount as annuity CWppew.of
to be paid per capita to the Bed Lake band of Chippewas during the Pembina-

278

THIRTY-EIGHTH CONGRESS. Sbss. L Co. 148. 1864

Chippewas of pleasure of the President, per third article of treaty October second, eigh-
p^bw? m * teen hundred sixty-three, and second article supplementary to treaty April
* ai twelve, eighteen hundred sixty-four, approved April twenty-five, eighteen

hundred sixty-four, ten thousand dollars*
Port, p. 668. jp or this amount to the Pembina band of Chippewas, per same article
and treaty, during the pleasure of the President, five thousand dollars.

For the first of fifteen instalments to be expended annually for the pur*
pose of supplying them with gilling-twine, cotton-matter, calicoes, linsey,
blankets, sheeting, flannels, provisions, farming-tools, and for such other
useful articles, and for such other useful purposes, as may be deemed for
Post, pp. 639, their best interests, per third article of the supplementary treaty April
twelve, eighteen hundred sixty-four, eighteen thousand dollars.

For the first of fifteen instalments for same objects, for the Pembina
band of Chippewas, per third article of the supplementary treaty April
twelfth, eighteen hundred sixty-four, four thousand dollars.

For the first of fifteen instalments for pay of one blacksmith, one phy-
sician who shall furnish medicine for the sick, one miller, and one farmer,
per fourth article supplementary treaty April twelve, eighteen hundred
and sixty-four, three thousand nine hundred dollars.

For first of fifteen instalments for the purchase of iron and steel, and
other articles for blacksmithing purposes, per fourth article supplementary
treaty April twelve, eighteen hundred sixty-four, one thousand five hun-
dred dollars.

For first of fifteen instalments to be expended for carpentering and other
purposes, per fourth article supplementary treaty April twelve, eighteen
hundred and sixty-four, one thousand dollars.

For this amount to be expended in building a saw-mill, with a run of
millstones attached, per fifth article supplementary treaty April twelve,
eighteen hundred sixty-four, six.thousand dollars.

For this amount to be paid to the chiefs of said bands, through their
agents, per fourth article treaty October second, eighteen hundred sixty*
three, as amended March first, eighteen hundred sixty-four, and modified
by the sixth article supplementary treaty April twelve, eighteen hundred
sixty-four, twenty-five thousand dollars.
Depredations For this amount for the payment of claims of injured persons for dep*
lj Indians. redactions committed by said Indians on the goods of certain British and

American traders, at the mouth of Bed Lake River, and for exactions for*
cibly levied on the proprietors of steamboats plying on Bed River, to be
paid in full, and the remainder to be paid pro rata upon the debts of said
tribe incurred since the first day of January, eighteen hundred and fifty-
nine, to be ascertained by the agents in connection with the chiefs, per
fourth article treaty October second, eighteen hundred sixty-three, as
amended March first, eighteen hundred sixty-four, and modified by the
sixth article supplementary treaty April twelfth, eighteen hundred sixty-
four, seventy-five thousand dollars.

For this amount to defray the expense of cutting out a road from Leach
Lake to Red Lake, per fifth article of treaty October second, eighteen hun-
dred sixty-three, five thousand dollars.

For the first of fifteen instalments to defray the expense of a board of
visitors, to consist of not more than three persons, to attends upon the. an-
nuity payments of the said Chippewa Indians, whose salary shall not ex-
ceed five dollars per day, nor more than twenty days,, and ten cents per
mile travelling expenses, and not to exceed three hundred miles, per sixth
article of treaty October second, eighteen hundred sixty-three, three hun-
dred and ninety dollars.

For insurance and transportation of annuity goods and provisions, and
material for building mill, including machinery, iron and steel for black-
smiths, etc, for the Chippewas of Red Lake and Pembina tribe, ten thou*
sand dollars.

THIRTY-EIGHTH CONGRESS. Sess*L Co. 148. 1864

170

For this amount to defray the expense of bringing on the delegation of Chippewas of
Chippewas of Bed Lake and Pembina tribe, and to defray their expenses f^njj™ 804
while detained in the city of Washington, in making treaty, and their em
return to their home, ten thousand dollars.

For this amount to defray the expense of a board of visitors, to consist
of not more [than] three persons, to attend upon the annuity payments of
the Chippewas of the Mississippi, and the Pillager and Lake Winneba-
goshish bands of Chippewa Indians in Minnesota, whose salary shall not
exceed five dollars per day, and not to be employed more than twenty
days to attend upon any one payment and the duties connected therewith,
and ten cents per mile for travel, not exceeding three hundred miles, per
Senate amendment to seventh article treaty March eleventh, eighteen hun-
dred and sixty-three, for the fiscal year ending June thirtieth, eighteen
hundred sixty-four, three hundred and ninety dollars*

Same for fiscal year ending June thirtieth, eighteen hundred sixty-five,
three hundred and ninety dollars*

Miscellaneous. — For the general incidental expenses of the Indian ser- Miscellaneous,
vice in California, including travelling expenses of the superintendent and ^^g^^^ 06
agents, seven thousand five hundred dollars.

For the purchase of cattle for beef and milk, together with clothing
and food, teams and farming-tools for Indians in California, fifty-five thou-
sand dollars.

For the compensation of five extra clerks employed in the Indian office, Pay of extra
under the acts of fifth August, eighteen hundred and fifty-four, and third ^^JS eh 267
March, eighteen hundred and fmy-fiye, and under appropriations made Vohx. p!s76l
from year to year, seven thousand dollars. 1865, <£. 175.

For compensation of one clerk in the Indian office, to enable the Sec- Voi * ^
retary of the Interior to carry out the regulations prescribed to give effect
to the seventh section of the act of March third, eighteen hundred and fifty-
five, granting bounty lands to Indians, fourteen hundred dollars.

For compensation of two extra clerks in the Indian office, employed to
carry out the treaty with the Chickasaws in the adjustment of their claims,
two thousand eight hundred dollars.

For insurance, transportation, and necessary expenses of the delivery of £ nm ". ti< ^,.
annuities and provisions to the Indian tribes in Minnesota and Michigan, ^ha^Mone^"
twenty thousand three hundred and fifty dollars and sixty-two cents. sota;

For insurance, transportation, and necessary expenses of the delivery to Pawnees,
of Pawnee, Ponca, and Yancton Sioux annuity goods and provisions, ten Yancton^ionxi
thousand dollars*

For expenses of transportation and delivery of annuity goods to the to Blackfeet.
Blackfeet Indians for the year, seventeen thousand dollars*

For expenses attending the vaccination of Indians, two thousand five Vaccination,
hundred dollars*

For the general incidental expenses of the Indian service in Oregon Service hi Ore-
and Washington Territory, including insurance and transportation of an- ^f? d Wast- ,
unity goods and presents, (where no special provision therefor is made by m ^° n '
treaties,) and office [and] travelling expenses of the superintendent and
sub-agents, thirty-five thousand dollars*

For defraying the expenses of the removal and subsistence of Indians
in Oregon and Washington Territory (not parties to any treaty) and for
pay of necessary employees, fifty thousand dollars*

Indian Servace [Service"} in Nevada Territory* — For the general inci- Service la
dental expenses of the Indian service in Nevada Territory, presents of Nevada;
goods, -agricultural implements, and other useful articles, and to assist
them to locate in permanent abodes, and sustain themselves by the pur-
suits of civilized life, to be expended under the direction of the Secretary
of the Interior, twenty-five thousand dollars.

For general incidental expenses of the Indian service in the Territory
of Dakota, including the purchase of goods and other articles, with a view & Dakota,
to the preservation of peace, ten thousand dollars.

i

*

180

THIRTY-EIGHTH ^CONGRESS. Sess. L Ch. 148. 1864.

Indian service
la Utah}

in Colorado;

Gherokees.

Subsistence of
the Sisseton, &c
bands of Sioux,
&c^ Indians.

Service in
Idaho;

in Arizona.

Kaskaskias.
Peoriaa, Pianke-
8uaws,and Weas.

Money appro-
priated for tribes
in hostility, may
be applied to sup-
port refogees.

Account to be
kept

Indian Service in Utah Territory* — For the general incidental ex-
penses of the Indian service in Utah Territory, presents of goods, agricul-
tural implements, and other useful articles, and to assist them to locate in
permanent abodes and sustain themselves by the pursuits of civilized life,
to be expended under the direction of the Secretary of the Interior, twenty-
five thousand dollars.

For deficiency in the appropriation for the Indian service in Utah
Territory, for the fiscal year ending June thirtieth, eighteen hundred and
sixty-four, fifteen thousand dollars.

For the transportation and necessary expenses of delivery of provis-
ions, &c, to the Indians within the Utah Superintendency, for the fiscal
year ending June* thirty, eighteen hundred and sixty-five, twenty-two
thousand five hundred dollars.

Indian Service in Colorado, [o] Territory* — For the general incidental
expenses of the Indian service in Colorado Territory, presents of goods,
agricultural implements, and other useful articles, and to assist them to
locate in permanent abodes and sustain themselves by the pursuits of
civilized life, to be expended under the direction of the Secretary of the
Interior, twenty-five thousand dollars.

Cherokee Motion. — For interest on the "abstracted bonds " belonging
to the national funds, fourteen thousand three hundred and eighty-five
dollars.

For interest on the " abstracted bonds " belonging to the school-fund,
three thousand two hundred and seventy dollars.

For interest on the proceeds of sales of school-lands in Alabama, sold
at.different times from and including the second quarter of the year eigh-
teen hundred and fifty, to December thirty-one, eighteen hundred and
sixty, computed to March first, one thousand eight hundred and sixty-four,
sixteen thousand seven hundred and fifty-eight dollars and four cents.

For subsistence and clothing, and general incidental expenses of the
Sisseton, Wahpaton, Medawakanton, and Wahpakoota bands of Sioux or
Dakota Indians, at their new homes, one hundred thousand dollars.

For the general incidental expenses of the Indian service in Idaho
Territory, presents of goods, agricultural implements, and other useful
articles, and to assist them to locate in permanent abodes and sustain
themselves by the pursuits of civilized life, to be expended under the
direction of the Secretary of the Interior, twenty thousand dollars.

For the general incidental expenses of- the Indian service in the Terri-
tory of Arizona,. presents of goods, agricultural implements, and other
useful articles, and to assist them to locate in permanent abodes and to
sustain themselves by the pursuits of civilized hie, to be expended under
the direction of the Secretary of the Interior, twenty thousand dollars.

To enable the Secretary of the Interior to settle the claims and carry
into effect the provisions of the second article of the treaty of May thir-
tieth, eighteen hundred and fifty-four, with the confederated tribe of Kas-
kaskia, Peoria, Fiankeshaw, and Wea Indians, three thousand one hun-
dred and sixty-four dollars and fifty-one cents.

Sec 2. And be it farther enacted, That the Secretary of the Interior
be, and he is hereby, authorized to expend such part of the amount herein
appropriated to carry into effect any treaty stipulation with any tribe or
tribes of Indians, all, or any portion of whom, shall be in a state of actual
hostility to the government of the United States, including the Creeks,
Choetaws, Chickasaws, . Seminoles, Wichitas, and other affiliated tribes,
as well as the Cherokees, as may be found necessary to support such
individual members of said tribes as have been driven from their homes
or reduced to want on account of their friendship to the United States,
and enable them to subsist until they can support themselves in their own
country : .Provided, that an account shall be kept of the sums so paid for
the benefit of the said members of said tribes, which account shall be ren-

THIBTY-EIGHTH CONGRESS. 8b*s.L Ch. 148, 149. 1864* 181

dered to congress at the commencement of tbe next session thereof.
And all purchases of articles for the purposes above set forth shall be Purchases to
made of the lowest responsible bidder, after sufficient public notice by ^*^del? wes ^
advertisement in appropriate newspapers : Provided, also, That the said '
secretary shall not be required to accept any bid which is in his judg-
ment unreasonable in its character: Provided, farther, That no part of Limit to expen-
said annuities shall be expended for Indians outside of the Indian Terri- ditures.
lory south of Kansas, except in providing for such individual Indians
or families as are sick and unable to remove to that territory, or such as
may be driven out of that territory by armed rebels, after the passage of
this act

Sec. 3. And be it further enacted, That for the temporary subsistence , Weas,Pianke^
of the Weas, Piankeshaws, Peorias, and Kaskasklas, and furnishing the Sld&skB^iw.
same with clothing, five thousand dollars.

Approved, June 25, 1864

Chap. CZTJX — An Act to provide for ike Examination of certain Officers of the Jane 26, 1SM»

Army.

Be it enacted by the Senate and House of Representatives of ike United
States of America in Congress assembled, That every quartermaster and Quartermaster
assistant quartermaster, and every commissary and assistant commissary ^mhrsariea
of subsistence, and every paymaster and additional paymaster shall, as and assistants, to
soon as practicable, be ordered to appear for examination as to his qaali- examined,
fications before a board to 'be composed of threes staff officers of the corps E x ami ning
to which he belongs, of recognized merit and fitness, of whom two at least |£^J^7 hom
shall be officers of volunteers, which board shall make a careful examina- *
tion as to the qualifications of all officers who may appear before them in
pursuance of this act, and shall also keep minutes and make a full and what to do;
true record of the examination in each case. And all members of such
boards of examination shall, before proceeding to the discbarge of their
duties as herein provided, swear or affirm that tbey will conduct all exam- sworn,
inatkms with impartiality, and with a sole view .to the qualifications of the
person or persons to be examined, and that they will not divulge the vote
of any member upon the examination of any officer who may appear be-
fore them*

Sec* 2. And be it further enacted, That such boards* of examination Boards of exam-
shall be convened under the direction of the Secretary of Wat, by the £^^&£ W ^
quartermaster-general, the commissary-general of subsistence, and the ^
paymaster-general, at convenient places ; and general rules of examination
and a standard of qualifications shall be prescribed by said officers, subject
to the approval of the Secretary of War, and shall be published in gen-
eral orders.

Sec. 3. And be it further enacted, That after such general orders shall Officers neg-
have been published for sixty days, if any officer who shall then be or- |^S5iSS^
dered before a board of examinersyunder the provisions of this act, shall fail now punished,
for thirty days, after receiving such special order, to report himself as
directed, all his pay and allowances shall cease and be forfeited until* he
does appear and report for examination ; and if be shall still thereafter fai}
for a further period of thirty days so to appear, be shall thereupon be
dropped from the rolls of the army : Provided, however, That if such Proviso,
failure to appear and report shall have been occasioned by wounds or
sickness, or other physical disability, then there shall be no forfeiture of
pay untO thirty days after such disability has been removed; but if in
sixty days after the disability is removed the officer shall not report him-
self, he shall then be dropped from the rolls as in other cases.

Sec 4. And be it further enacted, That if the board of examination If officers do
shall report that any officer does not possess the requisite business quali- not .P a8S «»uni-
fications, they shall forward the record of the examination of such officer SS&Jc? be l °*

vol. xiii. Pub. — 16* bad.

182 THIRTY-EIGHTH CONGBESS. Suss. L Ch> 149, 150, 151. 1804.

Officers ftnfag to the head of the bureau to which he may belong, and if the head of such
to pass examlna- DUreau s h a Il approve the finding and report of the board, he shall forward

the same through the Secretary of War to the President of the United
States, and if the President shall confirm the same, the officer so failing in
his examination shall, if commissioned, be dismissed from the service with
one month's pay, and if not yet commissioned, his appointment shall be
revoked. And if the board shall report that any officer fails to pass a
satisfactory examination by reason of intemperance, gambling, or other
immorality, and if the head of the bureau shall approve the finding and
re]port of the board, and the same being communicated, as before provided,
to the President and confirmed by him, then such officer shall be dis-
missed from Hie service without pay, and shall not be permitted to reenter
the service as an officer : Provided, That such dismissal shall not relieve
him from liability under existing laws for any offence he may have com*
mitted.

Records of ex* Sec. 5. And be it further enacted. That the boards of examination shall
amioing boards. f orwa rd all their records of examination to the heads of the bureaus to

which they appertain, and such records shall be filed in the proper bu-
reaus with a suitable index ; and any officer who may desire it shall be
entitled to receive a copy of the record in his own case upon paying the
cost of copying the same*
Approved, June 25, 1864.

June 25,1864. Chap. CL. — An Act to amend an Act entitled "An Act to provide far the Payment of
Horses and other Property destroyed in the Military Service of the United States,"

Se*U enacted by the Senate and Bouse of Representative* of the United
States of America in Congress assembled, That the act to which this is an
amendment shall, from the commencement of the present rebellion, extend
Property of to and embrace all cases of the loss of horses by any officer, non-com mis-
Stur^bvAo sioned officer, or private in the military service of ihe United States, while
enemy to be paid in the line of their duty in .such service, by capture by the enemy, when*
for. ever it shall appear that Such officer, non-commissioned officer, or private

was or shall be ordered by his superior officer to surrender to the enemy,
and such capture was or shall be made in pursuance of such surrender*
Approved, June 25, 1864.

Corps of com-
manders in the
•navy to be tem-
porarily in-
creased.

Provisos.

Jtme 25, 1864. Chap. GLI* — An Act to amend an Act entitled "An Act to establish and equalize ihe
• * Grade of Line Officers of the United States Navy," approved July sixteen, eighteen hun-
dred and sixty-two.

Be it enacted by tk$ Senate and Bouse of Representatives of the United
States of America in Congress assembled, That the corps of commanders
in the navy of the United States on the active list be temporarily in-
creased so as to embrace all who had been appointed as such prior to the
commencement of the present session of congress, under that construction*
of the law which then prevailed in the Navy Department : Provided, That
the number hereby allowed shall not exceed ninety-one : And provided,
further >, That no further appointments of "commanders shall be made on
the active list till the number by deaths, dismissals, resignations, or other-
wise, shall be reduced to seventy-two.

Sec. 2. And be it further enacted, That all payments heretofore made
to any officers in the navy as captains or commanders, under the construe*
lion of the law heretofore prevailing in the Navy Department, be, and
the same are hereby, ratified and allowed, and the proper accounting offi-
cers of the treasury are hereby authorized and instructed to allow the
same, in the same way and manner as if there were no question as tp the
legality of said appointments*
Appkovbd, June 25, 1864.

Certain pay*
meats to officers
in the navy rati-
fied.

THIRTY-EIGHTH CONGRESS. Se*&£ Gb>1&% 153. 1864.

Chap, CLIL—An Actio amend fa Ad of &e twen^-first December, eighteen hup June 35, 1864.
dred and sixty-one, entitled "An Ax* to jurther promote the Efficiency of Hie Navy/' iSRLoh.!.

Vol* xiit o» 339

Bp # enacted by the Senate and Souse of Representatives of the United ^
j&ate* of America in Congress assembled, That, the first section of the act
of the twenty-first of December, anno Domini eighteen hundred and sixty*
one, entitled rf An act to farther promote the efficiency of the navy," shall
not be so construed as to retire any officer under the age of sixty-two C^nnavy
years, and whose name shall not have been borne upon the nayy register
for a period of forty-fivo years after he had arrived at the age. of sixteen
years*

Approved, June 25, 1864.

Chaf. CLHL— «A» Act granting Lcmds to the State of Wisconsin to buUd a Military Jmte 25, 1864.

Road to Lake Superior, ~

Be it enacted by the Senate and Souse of Representatives of the United
States of America in Congress assembled, That there be, and is hereby,
granted to the State of Wisconsin, to aid in the construction of a military to ™?jk** an l^
wagon-road from Wausaw, Marathon County, Wisconsin, following the military wagon-
Wisconsin Eiver as far as Skonowang, and from thence, on the most feasi- road,
ble and direct route, to a point on the state line between the States of
Wisconsin and Michigan, in a direction leading to Ontonagon^ on lake
Superior, every alternate section of public land, not mineral, designated ^S^J^ 3 *
by odd numbers, for three, sections in width on each side of said -road. 00 gran
Bat in case it shall appear that the United States have, when the line of
route of said road is definitely fixed, sold, reserved, or otherwise disposed
of any section, or any part thereof granted as aforesaid, or that the right
of preemption or homestead settlement has attached to the same, then it
shall be the doty of the Secretary of the Interior to set apart from the Lands to be
public lands of the United States, as hereinbefore described, designated g^^ioSy'
by odd numbers, as near to said even section aforesaid as may be, and the disposed ot
same shall be located within six miles of said road, so much land* as shall
be equal to such lands as the United States have sold or otherwise appro-
priated, or to which the right of preemption or homestead settlement has
attached ; which lands, (thus selected in lieu of those sold, reserved, or
otherwise appropriated, and to which the right of preemption or home-
stead settlement has attached as aforesaid) together with the sections and
parts of sections designated by odd numbers as aforesaid, and approved as
aforesaid, shall be held by the State of Wisconsin for the use and purpose
aforesaid : Provided, That the lands hereby granted shall be exclusively Lands, how to
applied in the construction of that road for and on account of which such be applied,
lands are hereby granted, and shall be disposed of only as the work pro-
gresses, and the same shall be applied to no other purpose whatever : Pro-
vided, further, That any and all lands heretofore reserved to the United Fomergranta
States, or granted by any act of congress, or in any other manner by £«t affected here-
competent authority, for the purpose of aiding in any object of internal
improvement, or for any other purpose whatsoever, be, and the same are
hereby, reserved and excluded from the operation of this act, except so
far as it may be found necessary to locate the route of said road through
such reserved lands, in which case the right of way only shall be granted.

Sec 2. And be it further enacted, That the said lands hereby granted
to the said state shall be subject to the disposal of the legislature thereof, State legisla-
tor the purposes aforesaid and no other ; and the said road shall be, and di *P o0e °*
remain, a public highway for the use of the government of the United to he
States, free from tolls or other charge upon the transportation of any highway, &c
property, troops, or mails of the United States*

Sec. 8. And be it further -enacted, That* the lands hereby granted to Lands, how
said state shall be disposed of only in the following manner — that is to say, %&tJ? ***
when the said governor shall certify to the Secretary of the Interior that

184 THIRTY-EIGHTH CONGRESS- Sbss.1* Ch. 158, 154, 155. 1864

Patents not to
be granted until
ten miles of road
are completed,

Lands to re-
vert, if, &c

Road, bow to
be constructed.

any ten consecutive miles of said road has been completed under the pro-
visions of this act, and in accordance with the fourth section of this act,
stating definitely where said completed section of road commences and
where it terminates, it shall be the doty of the said secretary to cause
patents to issue to said state for three sections of land for each mile of
road thus completed as aforesaid, and so on until the whole of said road
is completed : Provided, farther, That no patent shall be given for any of
the aforesaid lands before the completion of ten consecutive miles of road,
or for any road, or for any part of any road, made before the passage of this
act, or for any greater quantity than thirty sections for each ten miles
completed according to the provisions of this act ; and if said road is not
completed within five years, no further sales shall be made, and the lands
unsold shall revert to* the United States*

Sec. 4. And be it further enacted, That said military road shall be
constructed under the direction of such agents or commissioners as the
governor of said state may appoint, and where it passes through tim-
bered lands shall be chopped out a uniform width of at least six rods.
The road-bed proper to be not less than thirty-two feet wide, and con-
structed with ample ditches on both sides, so as to afford sufficient drains,
with good and substantial bridges and proper culverts and sluices where
necessary* All stumps and roots to be thoroughly grubbed out between
the ditches the entire length of said road ; the central portion of which
to be sufficiently raised to afford a dry road-bed by means of drainage
from the centre to the side ditches ; the hills to be levelled and valleys
raised so as to make as easy a grade as practicable*

Approved, June 25, 1864

Jane 2g, 1884. Chap. CUV. — An Act to amend the Act -of Congress making Donations to the Settlers
I860, ch. 76. 071 Public Lands in Oregon, approved September twenty-seven, eighteen hundred and
Vol. ix. p. 496. j\fty> and the Acts amendatory thereto*

Be it enacted by the Senate and House of Representative* of the United
Failing to file Stat?* qf America in Congress assembled, That in all cases under the
to wwkforfeltai* acfc °^ con £ res8 approved September twenty-seventh, eighteen hundred
in certain cases, and fifty, entitled " An act to create the office of surveyor-general of the

public lands in Oregon, and to provide for the survey* and to make do-
nations to settlers of the said public lands," and the several acts amendatory
and supplemental thereto, in which the actual settlement may be shown
to be bona fide, and the claim in all respects to be fully within the re-
quirements of existing laws, except as to the failure of the party to file
notice within the time fixed by statute, such failure shall not work for-
feiture when no adverse rights intervene before the filing of the required
notification by the claimant
Approved, June 25, 1864*

June 25, 1864. Chap. CLV. — An Act to expedite and regulate the Printing of Public Documents, and

for other Purposes,

. *

Be it enacted by the Senate and Bouse of Representatives of the United

States of America in Congress assembled, That hereafter, instead of fur-
Heads of de- nishing man uscript copies of the documents usually accompanying their
annual miortfto annua * reports to each house of congress, the heads of the several depart-
superintendent of ments of government shall transmit them, on or before the first day of
Dubiic printing November in each year, to the superintendent of public printing, who
Number of shall cause to be printed the usual number, and, in addition thereto, one
copies. thousand copies for the use of the Senate and two thousand copies for the

use of the House of Representatives ; and: that it shall be the duty of
the joint committee on printing to appoint some competent person, who
Editor to be shall edit and select such portions of the documents so placed in their

THTRTT-EIGHTH CONGRESS. Sess.I. Ch. 155. 1864.

hands as shall, in the judgment of tbe committee, be desirable for popular selected to pre-
distribution, and to prepare an alphabetical index to tbe same. £raia°rXSibi

Seo. 2. And be it further enacted. That the Secretary of War be, tfov&c.
and he is hereby, authorized to appoint some competent person to edit die Editing of offi-
printing of the official reports of the operations of the armies of the ^ of
United States.

Sec 8. And be it further enacted, That it shall be the doty of the Heads of de-
heads of the several departments of government to furnish tbe superin- ^^mS^co^oi
tendent of public printing with copies of their respective reports, on or Mparts. ^
before the third Monday in November in each year.

Sec. 4. And be U further enacted, That it shall be the duty of the Superintendent
superintendent of public printing to print the President's message, the ^K^e^*
reports of the heads of departments, and the abridgment of accompany- and document*,
ing documents prepared under the direction of the joint committee on
public printing, suitably bound; and that, in addition to the number now
required by law, and unless otherwise ordered by either house of congress,
it shall be his doty to print ten thousand copies of the same for the use of -Number of
the Senate, and twenty-five thousand copies for the use of the House, and Sjwtfc* 8everaI
to deliver the same to the proper officer of each house, respectively, on or
before the third Wednesday in December following the assembling 6i
congress, or as soon thereafter as practicable ; and further, it shall also be
the duty of the said superintendent to cause to be printed and stitched in
paper covers twenty-five hundred copies of the annual reports of the ex-
ecutive departments for the use of said departments, respectively ; and
also one thousand copies of the reports of the commissioner of the gen-
eral land-office, commissioner of pensions, commissioner of the internal
revenue, and such number of the report of the commissioner of Indian
affairs, to be bound, not exceeding three thousand copies, as may be
directed by the Secretary of the Interior, for their use, respectively; and
also five hundred copies of the reports of the superintendent of ; the Wash-
ington aqueduct, architect of the capitol extension, metropolitan police
board, third auditor of the treasury, and of the Insane Asylum, Columbia
Institute, and commissioner of public buildings, respectively, for their»use,
and one hundred copies of the report of the bureau of engineers, for the
use of said bureau. And he shall not print any greater number of said
reports unless otherwise directed by either house of congress.

Sbc. 5. And be it further enacted. That seven thousand copies of the ". Commercial
" Commercial Relations," annually prepared under the direction of the S^lba^L h0W
Secretary of State, be printed and distributed as follows^ viz : the usual
number (one thousand five hundred and fifty) for the houses of congress ;
four hundred and fifty for the state department; two thousand for the use
of the members of the Senate ; and three thousand for the use of the
members of the House.

Sec. 6. And be it further enacted, That the annual report of the Offers and con-
Postmaster-General of oners received and contracts for conveying the mails, {IjJf^Sf con . ve >'-
in compliance with the twenty-fourth and twenty-fifth sections of the act tJ?j printed unless,
of congress approved July two, eighteen hundred and thirty-six, be no fee-
longer printed, unless specially ordered by either house of congress ; and
that such portion of the above-mentioned act as authorized the said publi-
cation be, and the same is hereby, repealed.

Sec 7. And be it further enacted, That from and after the passage of taws and rem-
this act it shall be the duty of the secretary of the Senate to furnish the luUons -
superintendent of public printing with correct copies of all laws and joint
resolutions as soon as possible after their approval by the President of
the United States, and that the superintendent shall immediately cause to
be printed, separately, the usual number for the use of the two houses of
congress ; and, in addition thereto, he shall cause to be printed and
bound, at the close of each session of congress, three thousand copies Ntmtbur of
thereof for the use of the Senate and ten thousand copies for the use of C °P^ B -

16*

186

THIRTY-EIGHTH CONGRESS- Sess. I. Or. 155. 1864

lodes. the House, with a complete alphabetical index, prepared under the direc-
tion of the joint committee on public printing.
Advertisement Sec. 8. And be it farther enacted* That section seven of the joint
for proposals for resolution in relation to the public printing, approved June twenty^three,
jjaper for print- eighteen hundred and sixty, be so amended as to require the superintend-
VoLx&p. 118. eirtof pnblic.printing to advertise only in two newspapers, published in
the cities of New York, Cincinnati, Boston, Philadelphia, and Baltimore,
for thirty days prior to the first day of November of each year, for pro-
posals for furnishing the paper necessary for the execution of the public
printing*

Lithographing Sec 9* And be it further enacted, That all lithographing and en-
to beawnteffto graving* where the probable total cost of the maps or plates illustrating
lowest bidder, $ or accompanying any one work exceeds two hundred and fifty dollars,

shall be awarded to the lowest and best bidder for the interests of the
government, due regard being paid to the execution of the work, after
due advertisement by the superintendent of public printing, under the
2*°™°* direction of the joint committee on printing: Provided, That the joint
committee on public printing be authorized to. empower the superintend-
ent of public printing to make immediate contracts for engraving, when-
ever, in their opinion, the exigencies of the public service will not justify
waiting for advertisement and award*
Sbc* 10* And be it further enacted, That whenever any person may

office by authority of law, and shall notify the superintendent of public
printing of the number of copies desired previous to its being put to press,
and shall pay, in advance, the estimated cost thereof to said superintendent,
the superintendent shall be authorized, under the direction of the joint
Proceeds of committee on public printing, to furnish such extra copies ; and the money
ment^&a 011 " so received, together with moneys received by him from the sales of
men paper shavings and imperfections, shall be deposited in die treasury of

the United States to the credit of the appropriations for public printing,
binding, and paper) respectively, as designated by said superintendent ; and,
further, the Secretary of the Treasury is hereby directed to cause the
moneys heretofore deposited by said superintendent in the treasury of
die United States, being the proceeds of sales of paper shavings and im-
perfections, to be placed to the credit of the appropriations aforesaid,
which said several sums of money shall be subject to the requisition of
said superintendent in the manner now prescribed by law*

Sso* 11* And be it further enacted, That whenever papers relating to
to foreign afiasrs. g^;^ a £y rg 8na ]| foe communicated to congress accompanying the

annual message of the President, it shall be the duty of the superintend-
ent of public printing to cause to be printed and bound, in addition to the
Number of usual number, four thousand copies for the use of the members of the
copies. Senate, seven thousand copies for the use of the members of the House

of Representatives, and such number for the executive department as the
President shall direct*
Form and sfrrte $bc» 12. And be it further enacted, That the forms and style in which
ofpriatiag and ^ e printing or binding ordered by any of the departments shall be exe-

cuted, the materials and size of type to be used, shall be determined by
the superintendent of public printing, having proper regard to economy,
workmanship, and the purposes for which the work is needed*
Repealing Sec. IS* And be it further enacted, That all laws, or parts of laws,
c * aaBe * joint resolutions, or parts of joint resolutions, conflicting with the above

provisions, be, and they are hereby, repealed.
Approved, June 25, 1864.

THIRTY-EIGHTH CONGRESS. Sbss. L Ch. 156. 1864 187

Chap. CLVL — An Act to provide fir the Public Instruction of Youth in the County of June 25,1864*
Washington, District of Columbia, and for other Purposes*

Be U enacted by ike Senate and Bouse of Representatives of ike United
States of America in Congress assembled, That the school districts in the School die*
County of Washington, District of Colombia, without the limits of die trfcts inWash-
cities of Washington and Georgetown, shall be and remain as now laid JJfJ? 11 imty>
down according to law, subject to revision and alteration by die levy
court of said county, and that the school commissioners now in office
shall be and remain so until others ture appointed*

Sea 2. And be it further enacted. That the levy court shall anna* Commiesfcraeis
ally, on the first Monday in May, appoint one person from each school ^^f^
district as a commissioner of primary schools, of which appointment the '
clerk of the levy court shall immediately notify the person so appointed ;
and whenever a vacancy shall occur in the board of said commissioners,
the levy court, as soon as may be thereafter, shall fill. the same, and all
appointments made by, or resolutions of said court concerning, said com-
missioners shall be forthwith communicated by the clerk of said court to
the clerk of the said board of commissioners, and each of said commission-
ers shall hold the office until a successor is appointed.

Sec. 3* And be it further enacted, That each of the said commission- their oath;
ers, before he enters upon the execution of his office, and within fifteen
days after notice of his appointment, shall take and subscribe, before some

justice of the peace of said county, the following oath : "I, > — , do

solemnly swear (or affirm, as the case may be) that I will in all tilings, to
the best of my knowledge and ability, well and truly execute the trust re-
posed in me as commissioner of primary schools for the County of Wash-
ington, District of Columbia, without prejudice and according to law; 19
and every justice of the peace, before whom such oath shall be taken, shall
certify the same in writing, and within eight days thereafter transmit or
deliver said certificate to the clerk of the levy court for record.
Sec. 4. And be it further enacted, That the said commissioners and their tobeaoorpo-

successors shall be a corporation, under the name and style of" The Board ration;
of Commissioners of Primary Schools of Washington County, District of po^£j*
Columbia, with power to sue and be sued, and to take and hold, in fee-
simple, or otherwise, any estate, real or personal, not prohibited by law,
which may be given to, or purchased by, the said board for primary-school
purposes, and may alien and sell the same when, ia the opinion of the levy
court, it will be for the advantage of the said primary schools so to do;
and all money in hand, after defraying the whole expenses of the several
school districts at the end of each school year, shall be invested in some
safe stock in the name of said corporation, and in their corporate name said
board may prosecute and maintain actions for injuries done to the grounds,
houses, furniture, or other property in their possession.

Sec. 5. And be it further enacted, That the said board of commis- Commissioners
sioners shall make and keep a record of all its official acts, and a strict and iw? 6 ^ xeoords *
particular account of all moneys received or paid out by its order, a state- '
ment of which, with the vouchers relating thereto, as well as the record of
the board, shall be subject at all times to the inspection of the levy court
of said county, and to any tax-payer ; and said record, or a copy thereof
certified to be correct by any one of s*aid commissioners, attested by the sig-
nature of the clerk of said board, shall be prima facie evidence of their acts
in all proceedings, judicial or otherwise ; and the said board shall appoint to appoint
a capable person as their clerk, (who may be one of their own nrembers, <&rk;
or otherwise,) prescribe- his duties, and allow him a reasonable compensa-
tion for his services.

Sbo. 6. And be it further enacted, That the said board of - eommis- to hold stated
sioners shall hold stated meetings in January, April, July, and October,
of each and every year, at snch times and places as they may appoint.

188 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 156. 1864

and such other meetings as circumstances may require ; but if less than
Quorum. four members are present at any one meeting no business shall be done,
except to adjourn to a future day ; and at the stated meetings in April
and October the treasurer of the school funds and the collector of taxes
shall render in writing a full statement of their accounts respectively
for the next preceding half year.
Clerk of levy Sbc* 7* And be it farther enacted, That the clerk of the levy court of
of^rowrtv 6 °° unt y shall annually, on or before the first Monday in April, furnish

ownera^Scc. to the said board of commissioners alphabetical lists of the owners of prop-
erty in each school district, according to the last county assessment, and
a statement of the total amount of property assessed to each owner, ex-
hibiting the school-tax thereon according to the last levy made by the
levy court for school purposes.
Commissioners Seo. 8. And be it further enacted, That the said board of commission-
iSSSS^iS^ 618 saa ^ 0ave power annually (or as a vacancy may occur) to appoint
tricts. °° two persons in each school district as trustees of that district, who, with

the commissioner of such district, shall have charge of the local concerns
of the schools therein, and act in concert with "the board of commissioners
in carrying out all the rules and regulations ordained by the said board,
and together may permit the school-house or houses in their district to be
used for public worship, or for other purposes of general benefit to the
residents of the district
Power and , Seo. 9. And be it further enacted, That the said board of commission-
tatiesof commis- erg have power, and it shall be their duty-
School fluid* First To receive and disburse any fund which may be provided for the
purchase of sites and the erection and support of primary schools in scud
county and district

Scholars. Second* To regulate the number of children to be taught in each of

said schools, and the price of their tuition.
Teachers. Third* To select, upon a thorough examination, such teachers as are

competent, giving to each a certificate of qualifications, without which no

teacher shall be entitled to receive pay; and to fix their salaries and terms

of service*

Expulsion of Fourth. To suspend or expel from any school, with the advice of the
pupils, commissioner and trustees of the school district, any pupil who will not

submit to the reasonable and ordinary rules of order and discipline therein*

Course of study Fifth. To prescribe the course of study and the text-books to be used in
and textrl>ooks. the schools, to regulate and control the purchase and distribution of books,

maps, globes, stationery, and other things necessary for the use of the
same, and generally to prescribe rules and regulations for the management,
good government, and well ordering of said schools.

Expenditures, Sixth. To report to the levy court, at the close of each school year, the
amount of all expenditures on account of schools in the several districts
during the previous school year, and the manner in which the same shall
have been expended, specifying what portion and amount thereof has been
expended for the cervices of teachers, and also shall particularly set forth

Attendance on the number of pupils taught, and their average attendance and progress,
schools, &c and such other statistics as the levy court may require*

School-booses, Seventh. To select, purchase, or otherwise procure, suitable sites for
books, &c school-houses in each district ; to adopt plans, and cause to be built, kept

in repair, and furnished, such school-houses ; to supply the same with ne-
cessary fuel, books, stationery, and appendages, and to defray the necessary
expenses of the board : Provided, That the pay of teachers shall always
have preference.

Levy court to Seo* 10* And be it further enacted, That, for the purpose of support-
impose school- fog said schools, and providing suitable sites, houses, and equipments there-
**** for, the levy conrt shall, annually, on the first Monday in March, impose

and levy a school-tax not exceeding one fourth of one per centum on all
the assessed property u£ said county without the limits of Washington

THIRTY-EIGHTH CONGRESS. Sess* L Ch. 156. 1864

and Georgetown, which tax shall be due at the same time, and be collected
by the county collector in the same manner, and under the same regular
tions and restrictions, as are prescribed by law in relation to the collection
of the county taxes, and which are hereby made applicable to *the col
lection of the school-tax imposed by this act, and when collected shall be
paid to the treasurer of the school fund ; and the treasurer of the levy Treasurer of
court is hereby constituted treasurer of the school fund ; and the said school tod.
treasurer and collector shall be qualified by making oath or affirmation faith-
folly to discharge the duties required of tbem ; and they shall give bonds
respectively to the said board of commissioners, in a sum to be fixed by
the levy court, with two sufficient sureties, conditioned for the faithful
discharge of the duties required of them by this act, which bonds, being
approved by the said board of commissioners, shall be filed with the deck
of the supreme court of the District of Columbia, who is hereby required
to file the same, and a copy of either of said bonds, under seal of said
court, shall be sufficient evidence of the ^making .thereof ; and the said
treasurer shall be paid such compensation for his services as the said board
of commissioners may allow, and the said collector the same fees as are
allowed by the said levy court for collecting the county tax.

Sbc. 11* And he it farther enacted, That the whole amount standing Amount of tax;
to the credit of the school fund, when the aforesaid levy is to be made, how determined,
shall be taken into the account in determining the amount of tax necessary
to meet the current expenses of the school year, which amount shall be
levied as aforesaid, and no more ; and the said board of commissioners
shall apportion the school fund, after deducting such part thereof as the Apportionment
provisions of this act assign to the education of colored children, among of school fbnd.
the several school districts, giving to each one seventh of the whole amount
of school taxes collected and then in hand, after deducting the necessary
expenses of the board, and one seventh of all other funds paid in, after
deducting as hereinbefore provided for the education of colored children,
until an amount shall have accumulated sufficient to purchase a site and
erect and furnish a school-house in each district, the cost of which shall
not exceed fifteen hundred dollars, (unless by private subscription,) except
where the number of scholars is sufficiently large to require two schools,
in which case the sum may reach three thousand dollars ; after that it
shall be apportioned according to the number of children in each district
between the ages of six and seventeen years : Provided^ That not more Provisos,
than the actual expenses of each district shall be paid : And provided,
farther, That more than one school-house may be established in any one
district if the funds are procured.

Sec 12. And he it farther enacted, That in case the said commissioners Sites for school-
should not be able to purchase suitable sites for the erection of school- be^cmSL^
houses, they shall have power to condemn and value a suitable site or
sites for that purpose, not exceeding one acre of land in each site, by
giving ten days' notice in writing to the proprietors titereof, except m Proceedings,
cases where notice cannot be served, and in cases of minors^ femme cov-
erts, and persons non compos mentis, and filing with the clerk of the levy
court of the County of Washington, District of Columbia, for inspection,
a certificate describing such lands, with the value assessed thereon, signed
by the president and clerk of said board of commissioners, which shall
be sufficient* notice to the proprietors of such land that the said board of
commissioners are ready to pay the amount of damages so assessed ;
and if within thirty days from the filing of said , certificate the proprietors
of such land shall not appeal from the decisiontof said commissioners, by
written notice left with the said clerk of the levy court, the amount so
assessed shall be paid to the proprietors, and the title to such land and
premises shall pass to, and be vested in, the board of commissioners of
primary schools of Washington County, District of Columbia, and the said
certificate shall be recorded in the land records of Washington County,

190

THIRTT-EIGHTH CONGRESS. • Sess. L Ch. 156. 1864.

Sites for school- District of Columbia, and shall be find; bat if the proprietors of such
osefl * land and premises shall, within the said thirty days, notify the said com-

missioners, in writing, left with the clerk of the levy court, of their dissent
from the valuation of such land as made by the said commissioners, or it
the land or any part thereof be owned by a minor, femme covert, or per-
son non compos mentis, or if a notice cannot be served, it, shall be lawful
for the said commissioners, and it is made their duty, by their president
and clerk, to issue their warrant to the marshal of the District of Colum-
Jmy to asses? fcia, commanding him to summon a jury of five freeholders, not interested
nmgeSa in the matter, to appear on a day to be appointed by the said commis-
sioners, on the premises, and after having each taken an oath (which the
marshal or any one of said commissioners is authorized to administer)
that he will, without favor or prejudice, assess the damages sustained by
the proprietor of said land by reason of the condemnation of said land
by tie said commissioners, the jury so qualified shall proceed to value
and assess the damages accordingly ; and if the amount assessed by the
said jury shall not be greater than the amount assessed by the said com-
missioners, the whole costs of the said appeal shall be chargeable to the
appellant, to be paid by the said commissioners, and deducted from the
cost of the land in settlement therefor ; otherwise the said board of com-
missioners shall pay the expenses incurred by reason of such appeal, the
marshal's and jurors' fees to be computed according to the act of con-
v?* «** *™ S* 688 approved March three, eighteen hundred and sixty-three, defining
Vol xihp< m ih& p^ra and duties of the levy court.

Sbo. 13* And be it farther enacted, That the said jury, immediately
after they shall have completed their inquest and assessed die damages,
Verdict of fmy. shall make out a written verdict, setting forth a full and distinct descrip-
tion of the land and promises and the valuation or damages assessed
therefor, which shall be signed by them, or a majority of them, and hav-
ing been attested by the marshal, shall be immediately returned to the
clerk of the levy court of the County of Washington, District of Colum-
bia, and shall be final ; and the said damages having been paid, or offered
to be paid, to the said proprietors,, the title to such land shall pass to, and
be vested in, " The Board of Commissioners of Primary Schools of
Washington County, District of Columbia,* 9 and the verdict of the jury
shall be recorded in the land records of Washington County, District of
Proviso* Columbia : Provided, That it shall be optional with the said commission-
ers to abide by said verdict, and occupy the said land, or abandon it with-
out being subject to damages therefor.
Sites for school- Sec. 14. 2nd be it further enacted, That it shall not be lawful to lo-
■JJ* Ju^L cat© any site for a school-house in any orchard or garden, nor within

looked in certain hm^^ yards of any dwelling-house, without the consent of the

proprietor of such dwelling-house, and in order to obtain such consent or
refusal, thirty days' notice shall be given to said proprietor by the said
commissioners, notifying such proprietor of their intention ; and if, within
thirty days, no answer is returned to said commissioners by said propri-
etor, it shall be taken for consent, and the said commissioners may pro*
ceed to erect their school-house without let or hindrance.
Treasurer neg- Sso. 15* And be it Jurther enacted, That if the treasurer or collector,

©rde^toi>e y having any school funds in his hands, or neglecting or refusing to obtain

liable, &&; such funds as by law authorized and directed, shall refuse to pay for two

weeks any order of the said commissioners drawn in conformity with
the requisitions of tins act, such treasurer or collector shall be liable, on
proof before any court of justice or justice of the peace having cogni-
sance, and without stay of execution, to pay the full amount of said order
and interest thereon, at the rate of twenty per centum per annum, from
collecting more the first refusal until the day of payment, bv way of damages. If any

than Is due. collector appointed or acting under the provisions of this act shall in* any

case collect more than is due, the person aggrieved shall have his remedy

THIRTY-EIGHTH CONGRESS- Sess. L Ch* 150. 1864;

against such collector by suit or warrant, and if lie recover he shall hare
judgment for doable the amount improperly and unjustly extorted from
him, and jwsts. The levy court of Washington County shall exercise a Levy court to
general supervision over the proceedings of said commissioners, xnay ex* J2 pe ^^ oing8
amine their books and papers, and shall prosecute for any delinquencies 00 * keE81
or violations of their duty. It shall not be lawful for a member of the member of, not
levy court of said county to be a commissioner of primary schools or *? be eommfe-
trustee of any of the school districts, nor for any person to be at thfc same woner *
time commissioner and trustee as aforesaid*'

Sbo* 1& Jnd.be it further enacted, That any white resident of said Who may
county shall be privileged to place his or her child or ward at any one of |^Jj^ adreai
the schools provided for die education of white children in said county he
or she may think proper to select, with the consent of die trustees of both
districts t and any colored resident shall have the same rights with respect
to colored schools*

Sec. 17. And be it farther enacted, That it shaQ be the 4uty of the Schools for
said commissioners to provide suitable and .convenient bouses or rooms colored children,
for holding schools for colored .children, to employ and examine teachers
therefor, and to appropriate a proportion of the school funds, to be deter-
mined by the numbers of white and colored children between the ages of
six and seventeen years, to the payment of teachers' wages, to the build-
ing or renting of school-rooms; and other necessary expenses pertaining to
said schools, to exercise a general supervision over them, to establish
proper discipline, and to endeavor to promote a thorough, equitable, and

Etetieal education of 'colored children in said county* It shall be lawful
.such comtnissfoners to impose a tax of not more than fifiy cents per
month for each child on the parents or guardians .of children attending
said schools, to he applied to the payment of expenses of the school of
'which said child shall be an attendant; and in the exercise of this power
die commissioner may* from time to time, discontinue the payment alto-
gether, or may graduate the tax according to the ability of the said tax-
payers and the wants of the school:. Presided, That no child shall be ex-
cluded from such school on account of the inability of the parent or
guardian to pay said tax. And said commissioners are authorised to re*
ceive any donations or contributions that may be made for the benefit of
said schools by persons disposed to aid in the elevation of the colored
population In the District of Columbia, and to apply the same in such
manner as in their opinion shall be best calculated to effect the object of
the donors, said commissioners being required to account for all lands re*
ceived by them, said to report to* the levy court in accordance with the
provisions of section nine of tins .act.

Sbc. 18* And be U farther enacted, That the first section of the act Repeal of floC
of congress entitled u An act providing for the education of colored chik act<rfli$a,cLs3*
dren in the cities of Washington and Georgetown, District of Columbia, voLxiiD.407
and iot other purposes,* 1 be, and the same is hereby, repealed; and that *.
from and after the passage of tins act it shall be the duty of the municU
pal authorities of the cities of Washington and Georgetown, in the Dis-
trict of Columbia, to set apart each year, from the whole, fund, received
from all sources, by such authorities, applicable; under existing provisions Vzowc&s<h$

of law, to purposes of public education, such a proportionate part thereof FJJ* V .
as the number of colored children* between the ages of six and seventeen a^&rsctocfc
yearn, in the respective cities beafr to the^wboje lunnber, of.ehg^cen for colored
thereof for the purpose of . establishing and.acstttmftga pubEeWttals hi cMMreiu
said cities for the education of echoed chihjtejn f that ihe said proportion,
shall be ascertained by the last reported, census of the population of said
cities made prior to said apportionment, and shall be regplated atalLtimea
thereby ; and that the said fund shall be pajd to t^-trqstees appointed
under the act of congress approved' July ; elsfQri,.ei^^n .hundeed andV lsea^isfc -
sisty4wo,eitti<)e^*Aftart Vol.xitp.Nfc

192

THIRTY-EIGHTH CONGRESS. ' Sess. L Gsu 156. 1864

chOdrei^in the cities of Washington and Georgetown, in the District of
Columbia," to be disbursed by them in accordance with the provisions of
the said act

Portion of Sec 19* And he it further enacted, That one fourth part of all Hie
fi^mX^r* m0De y s D0W ' m ^ands of the marshal of the District of Colombia* or
to go to school- of an/ other officer of said district, which have accrued from fines, pen-
fend. alties, and forfeitures imposed for the violations of the laws of the United

States within said district, shall be by such officer or officers paid to the
" Board of Commissioners of Primary Schools of Washington County,
District of Columbia," one fourth part to the mayor of the city of George-
town, and the remaining two fourths thereof to the mayor of the city of
Washington, the said sums so paid to the said commissioners and the said
mayors to constitute, in their hands funds for the support of primary
schools within the said county and public schools in said cities in the pro-
portions aforesaid. And it shall be the duty of said marshal and other
officers to pay over, every three months, from and after the passage of
this act, all money coming into their hands in the manner aforesaid, to
the said board of commissioners of primary schools and to the said may-
ors, in the proportions aforesaid, for the use of the said primary and
public schools, any law to the contrary notwithstanding : Provided, That
the funds thus obtained for -educational purposes shall be applied to the
education of both white an£ colored children, in the proportion of the
numbers of each between the ages of six and seventeen years as deter-
mined by the latest census report that shall have been made prior to said
apportionment ; and the mayors of the aforenamed' cities of Georgetown
and Washington are hereby authorized and instructed to pay over such
part thereof as may be applicable under the provisions of this section and
the proviso thereto to the education of colored children in the aforenamed .
cities, to the trustees appointed under the act of July eleventh, eighteen
hundred and sixty-two, entitled "An act relating to schools for the educa-
1862, ch. lol. tion of colored children in the cities of Washington and Georgetown, in
m P' 687 * the District.of Colombia," to be used for the education of colored chil-
dren according to the provisions of law, and the aforenamed officers fail-
ing to pay over the moneys as aforesaid shall be liable to the penalty im-
posed by the second section of the act of congress approved July twelfth,
1862, ch. 158, eighteen hundred and sixty-two r entitled " An act to provide for the pay-
Vol xiL p. 5& men* of fines andpenalties collected by and paid the justices of the peace
in the District of Columbia, under the acts of congress approved the third
and fifth of August, eighteen hundred and sixty-one, and for other pur-
posea*"; *-

Seo> 2& And he it foriher enacted, That' every person in the sa&
Children be- District of Colombia, having under his or her control a child between the
fcSSenv^Srf a f* 8 °f eight and fourteen years, shall annually, during the continuance
age to be seat to of such control, send such child to some public school in that part of said
school, &c district in which he or she shall at the time reside, at lease twelve weeks,

six of which shall be consecutive, and for every neglect of such duty the
party offending shall forfeit to the use of the school of that portion of said
Penalty. district in which he or she shall reside a sum not exceeding twenty dol-
lars, to be recovered before any justice of the peace of the said district:
Proviso. Provided, Th&t if it be made to appear to said justice that the party so .

offending was &ot able for any cause to send such child to school, or that
such child has been attending any other school for a like period of time,
or that such child by reason of bodily or mental mfirmity was not fit to
attend such school,- such penalty shall not be enforced*

£boi*21» And be it further enacted, That the trustees or commissioners
having charge of public schools in the said district shall not admit into
CtffldretL not such schools *ny child who shall not have been duly vaccinated or other-
vacated not to wise* protected against the small-pox; and may make such arrangements
be admitted. f or the purpose of ascertaining whether any children within the ages pre-

THIETX-EIGHTH CONGRESS. Sess. I. Ch. 156, 157. 1864

193

scribed in the preceding section are not attending the public schools, as
they shall deem best for the purpose of enforcing the attendance of such Trustees, &c,
children npon said schools, under the provisions of such section and for to^wceafcten^
enforcing the penalty therein prescribed*

Sbo. 22. And be it further enacted, That this act be, and the same is a This act a pub-
hereby, declared public and remedial, and shall be construed by all courts licact » &c -
of justice according to the equity thereof; and no proceedings of the in- Proceedings of
habitants or of the trustees of any school-district, or of the commissioners JJ5?5i^ftWi£
of primary schools, or of any other officer created under die provisions of fects in form,
this act, shall be set aside or adjudged to be void for defect of form, or for
any irregularity therein, so that the requisitions of the said act are sub-
stantially complied with.

Sbo. 28* And be it further enacted, That the act of congress' entitled Actofi8ft2,ch>
"An act to provide for the public instruction of youth in primary schools Z^*^^* '
throughout the County of Washington, in die District of Columbia, with- VotxU. P- 8WL
out the limits of Washington, and Georgetown," except the first and third
sections, approved May twenty, eighteen hundred and sixty-two be, and
the- same is hereby, repealed.

Appbovbd, Jane 25, 1864

Chip. CLVIL— An Ait to amend an Act entitled "An Act to define the Powers, and June 25, 1864.

Duties of ike Levy Court of fa County of WashihgVm, District of Columbia.*'

1&3, cfau 106.

Be it enacted by the Smote and Home of Representatives of the United Vol. xii. p. 789.
States of America in Congress assembled, That the first clause of the Levy court to
third section of the act of congress entitled " An-act to define the powers ^^^^
and duties of the levy court of the County of Washington, District of bridges, except,
Columbia, in regard to roads and for other purposes," be, and the same is
hereby, amended so as to read as follows: "That the said court shall
have the care and charge of, and the exclusive jurisdiction over, all the
public roads and bridges in said county, except such roads and bridges as
belong to and are under the care of the United States, and except such
roads and bridges as shall bave been or may hereafter be specially pro-
vided for by congress. And the said court shall have power and it shall
be their duty."

Sbo. 2. And be it further enacted, That Hie- tenth section of the said 1862, ch. 157,
act be, and the same is hereby, amended by striking out the words
« thirty-first," and inserting the word "thirtieth^ Vol xti. p. soa.

Sbo. S. And be it further enacted, That all cemeteries in the District Certain ceme-
of Columbia, outside of the cities of Washington and Georgetown, the ^ e » t0 **
owners of which sell lots or burial-rights therein .indiscriminately to those
applying therefor, shall be assessed and taxed as .other property in. the
same parts of the said district: Provided, however, That all lots in said , * Proviso,
cemeteries, when actually sold for burial purposes, and anv cemetery 1 held
and owned by a religious society, having a regular and known place of
worship, shall be exempt from taxation.

* Sbo. 4 And be it further enacted, That hereafter the said court shall ' Levy court to
have power, and it shall he their duty, to appoint the county surveyor of aFP^t county
said County, of Washington, to define his duties, from time to time, to fix ewrve7 ° T '
his compensation, and to remove him whenever they shall deem it proper
so to do* t

Sbo. 5. And be it further enacted, THat it shall be the ; duty of the Dogs to
collector of taxes for said county, whenever the owner or keeper of any ^^* tfta
dog or dogs shall neglect or refuse to pay the tax thereon, to kill, or cause
to be killed, every and all such dogs.

Sbo* 6. And he it further enacted, That the time specified by the act Hme of «>n-
of February twenty-one, eighteen hundred and sixty-three, within which ^^ g °^f w
certain roads in said county shall be surveyed, platted, and recorded, is tended.

rot. m Pub. — 17

be

if tax not

1U THIRTY-EIGHTH CONGRESS. Sess.L Ch. 157, 158, 159, 160. 1864.

vSl 8 ' ^ 5 bs8. tereD 7 extended to three years from the first day of July, eighteen hun-

^ dred and sixty-five.
Court may Seo. 7. be it further enacted, That the said court shall have
feroe^** power to issue, classify, and tax licenses for taverns, hotels, and restaurants,

and for retailing goods, wares, and merchandise in, said county, in propor-
tion to the amount of business the person applying for a license is likely
Maximum to do* The hiaximum sum to be charged for any one license not to ex*
charge* ceed two hundred and fifty dollars, and the minimum to be so charged not

to be less than two dollars.
nJ*? rtall hA 0tice8 ^ E0 * 3* U farther enacted, That the notice required to be given

given? ' ky the eighth section of the act of which this is an amendment, need not
VoL xu. p. 801. be given when all the parties interested are agreed; and all roads laid
out under such agreement, without such notice being given, are hereby
declared lawful highways.
cUraT^ Sec. 9. And be it further enacted, That all laws and parts of laws

inconsistent with this act are hereby repealed*
Approved, June 25, 1864 '

Jane 35, 1864. Chap, <&VTZL.—An Actto auih<mzelhe BaUijfof fa Orphans? Court, in the County

of Washington and District of Columbia, to serve Processes issued by said Court, and fir
other Purposes*

Be it enacted by the Senate and Souse of Representatives of the United
Bailiff of Oiv States of America in Congress assembled, That the bailiff of the Orphans 9
S^rrowo. courfc > in the OoxxxAy of Washington, and District of Columbia, or such
cess. person as may be deputed by the register of wills in said county, shall

have authority to serve all processes issued by said court, and shall be
entitled to a fee of fifty cents for serving, citations, and a fee of one dollar
for serving attachments and making returns of the same to the court
-JSf 8 ^iT^a* there shall be paid to the register of wills fat said county, for record-
cording wills, &c ^ ^ijjg and other instruments, fifteen cents per folio of one hundred

words*

Approved, June 25, 1864.

June 25, 1864. Chap. CLTX. — An Act amendatory of an Ac* to amend an Act entitled "An Act to
1868 ch. 102. promote the Progress of the Useful Arts" approved March thres % eighteen hundred and
VoLxfi. p. 786. sixty4hree.

Be it enacted by the Senate and House of Representatives of the United
Final fees for States of America in Congress assembled, That any person having an
^i^be^P 1 * nterest * Q m invention, whether as the inventor or assignee, for which a
within six patent was ordered to issue upon the payment of the final fee as provided
months. ^ section three of an act approved March three, eighteen hundred and

* >rovi80 * sixty-three, but who has failed to make payment of the final fee as pro-
vided by said act, shall nave the right to make the payment of such foe,
and receive the patent withheld on account of the non-payment of said
fee, provided such payment be made within six months from the date of
the passage of this act;, Provided, That nothing herein shall be so con-
strued as to hold responsible in damages any persons who have manufac-
tured or used any article or thing for which a patent, as aforesaid, was
ordered to be issued*
Approved, June 25/ 1864.

u ____

* *

Jane 25 1864 Chap^ CLX.—An Ad to grant to the State of CaUJbrnia certam Lands for State Prison
. Purposes,

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the right of the United States
to the lands comprising that portion of the promontory or point known

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 160, 162, 163. 1864 195

as "Ponta de Quintm," or "Point San Quintan," lying east of the north to ^& g ? U fef
and south line, dividing sections number three and ten from number two 8tate pn^Sipar.
and eleven in township number one north range number six west, of poses.
Mount Diablo meridian, embracing portions numbers eleven, twelve, thir-
teen, and fourteen of the said township number one, north range number
six west, upon which the State prison of the State of California is now
located, not exceeding in quantity four hundred and fifty acres, be, and
the same is hereby, ceded, granted, and confirmed to the said State of
California, without prejudice to the rights or claims of any other parlies.
Approved, June 25, 1864.

Chap. CLXtt.—An Act to carryinto Effect a Treaty between the United States and her June 27, 1864.
Britannic Majesty fir the final Settlement of the Clams of the Hudson's BayctndPuget's — — —
Sound Agricultural Companies*

Be it enacted by the Senate and Bouse of ^Representatives of the United
Sates of America in Congress assembled, That the President of the
United States* by and with the advice and consent of the Senate, shall Commfesumet
appoint a commissioner, whose duty it shall* be, conjointly with the com* JfajjJ^f^fjrf.
missioner appointed by her Britannic Majesty's government, to investigate, son's Bay.
adjust, and determine the claims of the Hudson's Bay Company and of Company,
the Pugef 8 Sound Agricultural Company against the government of the p
United States, pursuant to the terms of a treaty signed at Washington on °* *
the first day of July, eighteen hundred, and sixty-three ; and the commis-
sioner shall be authorized to appoint a clerk, with a compensation at the Clerk. ,
rate of eight dollars a day.

Sec. 2. And be %t further enacted, That the compensation of the Pay of corn-
commissioner shall be five thousand dollars in full for his services and missioner and
personal expenses. And the sums necessary to pay the compensation ura & T **
aforesaid, the share of contingent expenses of the commission on the part Contingent ex-
of the United States, and of the compensation of the umpire, chosen P* 0868 *
under the convention, are hereby appropriated out of any money'in the
treasury not otherwise appropriated*

Seo. 3. And be it farther enacted, That the commissioner on the Bules, &c, for
part of the United States, in conjunction with the commissioner on the doin 8^® h ~L_
part of Great Britain, is hereby authorized to make all needful rules and ^^oiu 6
regulations for conducting the business of the commission ; such rules and
regulations not contravening the Constitution of the United States, the
provisions of this act, or the stipulations of the treaty.

Sec 4. And be it farther enacted, That the Secretary of State is Secretary of '
hereby authorized and required to transmit to the said commission .such ttan8mit
papers or records relating to the business of the commission as 'he may
deem proper, or as may be called for by the commissioner ; and at the
dose of tiie commission, and of the duties of the umpire, all the records,
documents, and all other papers which may have been presented on
behalf of the United States, shall be returned to the Department of State.

Approved, June 27, 1864.

Chap. CL^LU. --An Act tn Sdatton to the Fees and Emoluments, of the Marshal, June 27, 1864.

Attorney, and Clerk of the Supreme Court of the District of Columbia, and fir other

Purposes*

Be it enacted by the Senate and Bouse of Bepresentatives of the
United States of America in. Congress assembled, That the fees of the Fees of clerk os
clerk of the supreme court of the District of Colombia, except so far as supreme court,
hereinafter specifically provided, and of the United States attorney and
the marshal of said district, except so far as hereinafter provided, shall shai.
be the same as the fees respectively allowed to clerks of the district and
circuit courts, attorneys, solicitors, and proctors, and marshals, by the act

196 THIRTY-EIGHTH CONGRESS. Sbss. L Ch. 168. 1864,

1858, ch. 80* approved February twenty-six, eighteen hundred and fifty-three, entitled}
Vol. x. p. 161. -a An Act to regulate the fees and costs to be allowed clerks, marshals,
and attorneys of the circuit and district courts of the United States, and
for other purposes : * Provided, That the clerk of said supreme court shall
JLfailttopay of not ^ by the Secretary of the Interior to retain of the fees and

emoluments of his said office, for his own personal compensation, over and
above his necessary office expenses, the necessary clerk-hire included, to
be audited and allowed 1 by the accounting officers of the treasury, subject
to an appeal to the Secretary of the Interior, more than the sum of four
thousand dollars per annum ; and in making out his semi-annual returns,
3*two* of required by the third section of said act, said clerk^ shall embrace his fees
and emoluments of every name and character for any service required of
him by law,

Maximum Sbo. 2. And be it further enacted. That no marshal nor district

atto™mand° f attornev of *** ^ nited States shall, by reason of the discharge of the
ynttJSnV duties of his office, now or hereafter required of him by law, or in any

case in which the United States will be bound by the judgment ^nich
may be rendered in the same, be allowed to retain out of the fees,
charges, and emoluments therefor, whether prescribed by statute or
allowed by a court or any judge thereof, a greater maximum compen-
sation than that fixed by the act aforesaid ; but all such fees and emolu-
ments, of every name and character, shall be included in the semi-annual
returns required of marshals and attorneys by the third section of the act
Proviso* aforesaid : Provided, That nothing in this act contained shall apply to
1863, ch. 76, H the provisions of sections eleven and twelve of the * Act to prevent and

1 V?' « ~ji punish frauds upon the revenue, approved March third, eighteen hundred
VoL xu. p. 741. ^ d ^.^5

Sec. 8. And be it fitriher enacted, That, at the* commencement of

Plaintiff to de* every suit in the supreme court of the District of Columbia, the plaintiff

fees with slfeii deposit at least eight dollars with the clerk, to be appropriated

towards the costs of the suit ; and if the plaintiff recover against the

defendant a judgment with costs, and said costs do not amount to eight

dollars, the overplus shall be paid back to the plaintiff by the clerk : &ro»

Poor persons vided, That suits may be prosecuted hi said court by poor persons without

need not make making the deposit herein , prescribed, upon the order of the court, or of
deposit. one rf ^ j^jj^ thereof.

Fees of clerk SeQ, 4. And be it fixrther enacted, That the following fees, and no
and marshal. other, shall be allowed to the clerk of said court, and the marshal of said
' district for the services following : —
In United For all services rendered by said clerk to the United States, in cases
States cases. \ n which the said United States is a party of record, five dollars*

Marriage li- For each marriage license issued by him, one dollar,
cense and certffi- *p or each certificate of official, character, including the seal, fifty cents*
"warrants, For service of any warrant, attachment, summons, capias, or other
writs, &c writ, (except execution, venire, or a summons or subpoena for a witness.)

one dollar for each person on whom such service may be made,
ingfa^n^tat* Sbc. 5* And be it further enacted, That nothing in this act shall be so
fected hereby, construed as to repeal or modify any of the provisions of an act entitled
18S4, ch. 85. "An act concerning the disposition of convicts in the courts of the United
AnU > P* 74 * States for subsisting persons confined in jails, charged with violating the
laws of the United States, and for diminishing the expenses in relation
thereto," approved May twelfth, eighteen hundred and sixty-four, or of
ch *u»* "An act to authorise the appointment of a warden of the jail in the
' ^ District of Columbia,** approved February twenty-ninth, eighteen hundred
and sixty-four ; but the duties of said warden, and of the marshal of the
United States for said District, in regard to the said jail and the prisoners
commuted thereto or confined therein) shall remain the same as if this
act had not been passed*
Afpbotbd, June 27, 1864.

THIBTT-EIGHTH CONGRESS. Sess.L Ch. 164 1864

197

Chap. CLXIY, —An AH to prevent Smuggling, and fir other Purposes* Jmie #7,1864.

Beit enacted by the Senate and House of Representatives of the United j^£*3l
Bates of America in Congress assembled, That, from and after the passage
of Hub act, all goods, wares, and merchandise, and all baggage and effects 6ood&&c. t ho-
of passengers, and all other articles imported into the United States from J^^eTand
any contiguous foreign country or countries, except as hereafter provided, inspected at first
as- well as the vessels, cars, and other vehicles and envelopes in which the P° rt of arrival,
same shall be imported, shall be unladen in the presence of, and be in-
spected by, an inspector or other officer of the customs, at the first port
of entry or custom-house in the United States where the same shall arrive ;
and to enable the proper officer thoroughly to discharge this duty, he may
require the owner or owners, or his, her, or their agent, or other person
having charge or possession of any trunk, travelling-bag or sack, valise, Trunks, closed
or other envelope, or of arfy closed vessel, car, or other vehicle, to open ^J^jo^
the same, or to deliver to him the proper key ; and if such owner, agent,
or other person shall refuse or neglect to comply with his demands, the
said officer shall retain such trunk, travelling-bag or sack, valise, or what-
soever it may be, and open the same, and, as soon thereafter as may be
practicable, examine the contents ; and if any article or articles subject
to the payment of duty shall be found therein, the whole contents, together
with the envelope, shall be forfeited to die United States, and disposed of to be forfeited
as the law provides in other similar cases* And if any such dutiable if dutiable i ar-
goods, article or articles, shall be found in such vessel, car, or other ve- thereinf* °
hide, the owner, agent, or other person in charge of which shall have
refused to open the same or deliver the key as herein provided, the same,
together with the vessel, car, or other vehicle, shall be forfeited to the
United States, and shall be held by sucji officer, to be disposed of .as the
law provides in other similar cases of forfeiture*

Sec. 2. And be it further enacted, That to avoid the inspection at the Proceeding* to
first port of arrival, required by the first section of this act, the owner, ^tetwrtT 011
agent, master, or conductor of any such vessel, car, or other vehicle, or ™
owner, agent, or other person having charge of any such goods, wares,
merchandise, baggage, effects, or other articles, may apply to any officer
of the United States duly authorized to act in the premises, to seal or
close the same, under and- according to the regulations hereinafter author-
ized, previous to their importation into the United States ; which officer
shall seal or close the same accordingly ; whereupon the same may pro-
ceed to their port of destination without further inspection : Provided, Proviso.
That nothing contained in this section shall be consumed to exempt such
vessel, car, or vehicle, or its' contents, from such examination as may be.
necessary and proper to prevent frauds upon the revenue and violations
of tins act : And provided, farther, That every such vessel, car, or other Proviso,
vehicle, shall proceed, without unnecessary delay, to the port or place of
its destination, as named in the manifest of its cargo, freight, or contents,
and be there inspected, as provided in section one.

Sec. 8. And be it Jttrther enacted, That die Secretary of the Treasury Begobttata for
be, and he Is hereby, authorized and required to make such regulations, ggg&^ gy*
and from time to time so to change the same as to him shall seem neces- &£f^ gooas*
sary and proper, for sealing such' vessels, cars, and other vehicles, when
practicable, and for sealing, marking, and identifying such goods, wares,
merchandise, baggage, effects, trunks, travelling-bags or sacks, valises,
and other envelopes and articles ; and also in regard to invoices, mani-
fests, and other pertinent papers, and their authentication.

Sso.4. And be it further enacted, That if the owners, master, or person Penalty on
in charge of any vessel, car, or other vehicle, seated as aforesaid, shall not nXTOweedL^t©
proceed to the port or place of destination thereof named in the manifest piawof^stlna-
of its cargo, freight, or contents, and deliver such vessel, car, or vehicle, to Sm, fce.
the proper officer of the customs, or shall dispose of the same by sale or

17*

188 THIRTY-EIGHTH CONGRESS* Sass. L d£16& 1864.

otherwise, or shall unload the same, or any part hereof, at any other than
such port or place, or shall sell or dispose of the contents of ' such vessel,
car, or other vehicle, or any part thereof, before such delivery, he shall be
deemed guilty of felony, and on conviction thereof, before any court of
competent jurisdiction, pay a fine not exceeding one thousand dollars, or
shall be imprisoned for a term not exceeding five years, or both, at the
discretion of the court ; and such vessel, car, or other vehicle, with its
contents, shall be forfeited to the United States, and may be seized'wher*
ever found within the United States, and disposed of and sold as in otiher
Proviso. cases of forfeiture: Providedy £hat nothing in this section shall be con-
strued to prevent sales of cargo, in whole or in part, prior to arrival, to
be delivered as per manifest and after doe inspection*
P^aftyfwtin- Sec. 5. And be it further enaettf, That if any unauthorized person or
IffoSw^^ persons shall wilfully break, cut, pick, open, or remove any wire, seal,
seals, fastening*, lead, lock, or other fastening or mark attached to any vessel, car, or other

vehicle, crate* box, bag, bale, basket, barrel, bundle, cask, trunk, package,
or parcel, or anything whatsoever, under and by virtue of ibis act and
regulations authorized by it, or any other act of congress, or shall' affix or
attach, or in any way wilfully aid, assist, or encourage the affixing or at-
taching, by wire .or otherwise, to any vessel, car, or other vehicle, Or to
any crate, box, bale, barrel, bag, basket, bundle, cask, package, parcel,
article, or thing of any kind, any seal, lead, metal, or anything purporting
to be a seal authorized by law, such person or persons shall be deemed
guilty of felony, and, upon conviction before any court of competent juris-
diction, shall be imprisoned for a term not exceeding five years, or shall
pay a fine of not exceeding one thousand 'dollars, or both, at the discre-
tion of the court And each vessel, ear, or other vehicle, crate, box, bag,
basket, barrel, bundle, cask, trunk, package, parcel, or other thing, with
the cargo, or contents thereof, from which the Wire, seal, lead, lock, or
oilier fastening or mark shaU have been broken, cut, picked, opened, or
removed by anv such unauthorised person or persons, or to which such
seal or other thing purporting to be a seal, has been wrongfully attached
as aforesaid, sljafl be forfeited to the United States*
Penalty under Ssc. 6. And be it farther enacted. That from and after the passage of
ft ^'h*' 1699 ti" 8 act the penalty for violating any of the provisions of the first section
ippliVd . of the act entitled *An act to farther provide for the collection of the
Vol. xil p. 57i. revenue upon the northern, northeastern, and northwestern frontier, and
for other purposes," approved July fourteen, one thousand eight hundred
and sixty-two, shaU be a fine of one hundred dollars, and the same shall
be disposed of and applied as herein provided for the distribution of fines
and penalties recovered by virtue of this act; and so much of the said
first section as .connects herewith is hereby repealed.

Sbo* 7. And be it further enacted, That the Secretary of the Treasury
be, and be is nereby, authorized to appoint whenever he shaU think it
'Additional: in- necessary, additional* inspectors of the revenue for the districts named
apectw* below* as follows, to wit: Passamaquoddy, Maine, four; Portland and

Falmouth, Maine, eight ; Boston and Charlestown, Massachusetts, four-
teen; Fembinq, Minnesota, two $ Chicago, Illinois, eight; MicMKmackinac,
Michigan, two ; Sandn&y, Ohio, one $ Cuyahoga, Ohio, three; Erie, Penn-
S^lvantifo one; Dunkirk, New York, one; Buffalo Creek, New York, six;
Niagara, two; Genesee, two; Oswego, five ; Oswegatchie, two; Cham-
plam, four; Vermont, tw>.
Secretary may Sac. & And & further exacted, That the Secretary of the Treasury
remit certain j^^all have authority to remit fa whole or in part, and upon such terms as
fine* &c jfe jfaajl ju^ tfgH the fine* penalties, or forfeitures incurred or accruing
«under the provisions of tills act, or of said act approved July fourteen,
eighteen hundred' and sixty-two, i£ in his opinion, the same shaU have
- been incurred without wilful negligence or any intention of fraud in the
person or persons Incurring the same ; and he shall have authority to

THIRTY-EIGHTH CONGRESS. Sbss. L Ch. 166. 1864. 199

ascertain the facts upon applications for remission under this act in such Facte, how may
manner and under such regulations as shall be by him prescribed, and all be ascertained,
fines, penalties, and forfeitures, recovered by virtue of this act, shall, after Fines, &c., how
deducting all proper costs and charges, be disposed of and applied as pro* disposed of.
vided in the ninety-first section of the act entitled w An act to regulate I799,efc.2&
the collection of duties en imports and tonnage/' approved on the second Vol. i p. 697.
of March, in the year one thousand seven hundred and ninety-nine.
Approved, June 27, 1864

Chap. CJ^.—AnActinRdt^toiheCircu^ of Wis* Jane 27, 1864.

consin, <&td Jbr other Purposes*

Be it enacted by the Senate and Mouse of Representatives of the United '

States of America in Congress assembled, That the act endued "An act Repeal of act
to enable the district courts of the United States to issue execution and 18 ^£^i^807.
other final process in certain cases,* approved March three, eighteen hun-
dred and gixty-three, be, and the same is hereby, repealed! ^

Sec. 2. And he it further enacted) That in all cases, wherein the dis- Papers in cases

trict courts of the United States within and for the -several dfetriets of certain district

Texas, Florida, Wisconsin, Minnesota, Iowa, arid Kansas bad rendered to^tocfrSit^
judgments or decrees prior to the passage of an act approved July courts,
fifteenth, eighteen hundred and sixty-two, creating circuit cour^ for said vc^x^^dTS.
distriets, which cases might have been brought, and could ha^e been
originally cognizable in a circuit -court, the ordinal papers and all other
papers' now -oa- file in the district courts aforesaid, shall be'tranfcf&rred
into the clerk's office of the circuit court for the district hk wlrich said
causes were heard and determined. * And it shall be the duty of the dis-
trict-court clerks of said districts, respectively, tp have said papers so
removed. And it shall also be the duty of said district-court clerks to
transfer to the offices of the circuit-court clerks aforesaid the books of
reconk and journal of the district courts aforesaid, "k xftUfc are any
entries, orders, or proceedings affecting, or in any manner relating to,
cases which were of curaitrcourt cognizance, or whi^ jnigbfc -have been
presented in a circuit oourt, after having first copied mte**? %ook for that
purpose provided, alf entries, orders, or other proceedings* whicb may be Proviso,
found in said books, journals, or .records relating in j&nyjaanner Jo eases
which were not of circuit-court cognizance, and which could sot have been
prosecuted in a circuit court.

Sec. 3. And be it further enacted, That for tjbe necessary costs and Costof transfer
expenses of this transfer of books and papers, and for the ej$ans& of pro- andftes.
curing books to copy the entries and orders above mentioned, and for the
copying of said record entries from the original book into the new one, at
the same -rate of compensation now allowed to clerks of courts for copies
from their records, the clerks of the district courts shall be paid, out of
any money in the treasury of the United States not. otherwise appropri-
ated, upon the certificate of the judge of the district court '

Sbc 4. And be it further enacted, That the transcripts thus made into Transcripts
a new nook, after said book shall have been certified by the clerk to be <** tified ^JSL*
full 4tnd true copies from the original book, shall have the saine force and asorigtoSsT^
effect as record^ as the originals ; and that the clerks of the circuit courts Clerks to have
aforesaid shall be the, custodians of the books and papers traraferred to custody of papers,
their offices, and their certificate of a transcript of any <*f said books or
papers shall be received in evidence with the like effect as if made by the
clerk of the court in which the proceedings were had.

Sbc. 5. And beM further enacted, That the terms of the circuit and dts* Teraw of dr-
trict courts of the United States for said district of Wisconsin &a& here- ^rtetoW^
after be held as follows : at the city of Milwaukee, in said district, on the conrfn.
second Monday of April and the second Monday of September, and at the
city of Madison, in said district, on the first Monday of January in each

200

THIRTY-EIGHTH CONGRESS. Sbss. I. ; Ch. 1?6, 167, 168. 1864

*

tgpro-. year, respectively. And all writs, process; and proceedings returnable to
the terms of either of said courts* as now fixed by law, shall be deemed
returnable, and shall be continued to the terms of said courts, respectively,
as fixed by thia act : Provided, That all executions, processes, or orders
issued from the district court of any district in this act mentioned, in cases
transferred to the circuit court, and in part executed, shall be regarded
as having been issued from the circuit court to which each particular case
is transferred, and shall be returned thereto! And no writ of execution
or other final process, or power exercised, or proceeding had in accordance
with law to enforce any judgment or decree shall be affected by reason
of the transfer directed by this act
Approved, June 27, 1864

June 28, 1864 Chap, CIOCVL — An Act to repeal the FuMve Sk^A^of ewhl^hmdredand^jy^^
' and all Acts and Paris of Acts fir the Rendition of Fugitive Slaves.

Be it enacted by the Senate and Bouse of Representatives of the United
Repeal of acts States of America in Congress assembled. That sections th$ee and four of
^f^tiwllaves. ** ^ en *^ ea ' "An act ' respecting fugitives from justice and persons
17&3, ch, 7, u escaping from the service of their masters," passed February twelve,
8,4,VjoL i.p.302. seventeen hundred and ninety-three, and an act entitled," An act to amend,
isso, oh* eo. and supplementary to, the act entitled ' An act respecting fugitives from
Vol. ix. p; 482. justice, and persons escaping from the service, of their masters,' passed
February twelve* seventeen hundred and ninety-three," passed Septem-
ber, eighteen hundred and fifty, be, and the same are hereby, repealed.
Approved, June 28, 1834.

June 28,1864. Chap* CLXVH -±An Ad to provide for the Improvement of the Grounds of {he Gov-
eminent Meepfaffirtfa Insane by an Exchange of Land*

Be %t enacted by the Senate and House of Representatives of the Untied

Exchange of States of America in Congress assembled, That the Secretary of the Inte-

l^^rgovern- rior is hereby authorized to deed to John Perkins a portion of the extreme

toTiiS south point or angle of the form of the Government Hospital for the

Insane, in exchange for two acres of land, more or less, now owned and

occupied by- the said Perkins* and situated near the middle of that side of

the hospital form which fronts upon the public roads : Provided, .That

not more than three acres are given for one contained in the last described

piece of land belonging to the said Perkins : And provided, farther, That

the said Perkins is able to give, and does give, to the United States a. good

and sufficient tide to the piece of land now owned and occupied by him.

Sbo. 2. And be it further enacted, That the Secretary of the Interior

Expenses©* is further authorized to defray the expenses of moving "the dwelling-house

movingdwelling* on the present Perkins tract to the tract exchanged for it, and of digging

house, && and walling a well, out of any appropriation already made, or that may

be made* for enclosing the grounds of the hospital*

Approves, June 28, 1864

June 28, 1864, Chap. CJL2LYOL *-A* 'Act t&^^tejbr^ t^^9^^ Preservation <f certain Public

Be it enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That there be, and hereby is.
Appropriation appropriated, out* of any money in the treasury not otherwise appropri-
tain^Uo^s ated, the sum of two hundred and fifty thousand dollars, to be expended
co northern under the direction of the Secretary of War, in protecting the commerce

of the lakes by causing the public works connected with the harbors on
Lakes Champlaia, Ontario, Erie, St Clair, Huron, Michigan, and Superior,
to be repaired and made useful for^nrposes of commerce and navigation,
so far as the same, in his judgment, may be necessary*

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 169, 170. 1864

201

Sec. % And be it further enacted. That there be, and hereby is,
appropriated, out of any money in the treasury not otherwise appropri- Appropriations
ated, the further sum of one hundred thousand dollars, to be expended t^P 1 * 8 ^ 6
under the direction of the Secretary of War, in repairing and rendering on t^e&sZ™
useful for purposes of commerce and navigation such of the public works board,
connected with the harbors on the seaboard of the United States as may,
in his judgment, need such expenditure.

Appkoved, June 28, 1864

Chap. CLXEL —An Act to incorporate the Colored Catholic Benevolent Society* June 28, 1864

Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled, That Basil Mullen, John War- Colored Catho-
ren, William H. Wheeler, Charles Dyson, James M. Ferrell, David ^ JW^iievo-
Adkins, William Queen, John H. Butler, William Ford, and their as- iSpmSS
sociates and successors, be, and they are hereby, constituted and declared
to be a body politic and corporate, by the name and title of the Colored
Catholic Male Benevolent Society, located in the city of Washington, and
by its corporate name shall have perpetual succession, with power to sue
and be sued, to implead and be impleaded, in any court of the United
States, or of the District of Columbia, of competent jurisdiction, 'to receive
subscriptions, gifts, and benefits, and to make such rules and by-laws as
shall be necessary and expedient for the government of the society, and
to alter the same from time to tame in such mode as shall be prescribed
therein : Provided, always, That such rules and by-laws shall be in no-
wise inconsistent with the constitution or laws of the United States, or
with the objects of the society. The objects of the society are hereby Otyects, powers*
declared to be to provide for the care and comfort of such members as duties,
shall be sick, disabled, or dependent, and of the families of such members,
in cases where the officers of such society shall deem it expedient, and
also to provide for the decent interment of such persons as may eke in
membership of such society, or belonging to Hie families of such members.

Sec 2* And he it further enacted. That said society shall have power Hay hold, &b. v
to hold* real estate, or personal and mixed estate, by purchase, gift, or ml and personal
devise, for the purposes of such society and no* other, and tp lease, sell, estate *
or convey such real estate or mixed estate, or personal property, as may
be devised or donated to such society, and the leasing or sale of which
will promote the interests of said society.

Sbo. 3* And be it further enacted, That congress shall have the right, Act may be
at any time, to modify, amend, or repeal this act * altered or re-

Approved, June 28, 1864 pwded "

Chap. CLXX. — An Act repeating certain Provisions of law concerning Seamen on Jane 28, 1864.

board pubUc and private Vessels of the United States, .

Be it enacted by the Senate and Mouse of Representatives of the United
States of America in Congress assembled, That so much of an act en- Certain laws
titled " An act for the regulation of seamen on board the public 'and r88 P ecfe ^^** D
private vessels of the United States," approved the third of March, one sfvesseb, re- *
thousand eight hundred and thirteen^ as makes it not lawful to em- pealed,
ploy on board any of the public or private vessels of the United States 7^^309.
any person or persons except citizens of the United States or person[s]
of color, natives of the United States ; and so much, of the third, fifth,
sixth, and Seventh sections of "An act concerning the navigation of the 1917, ch. 81,
United States," approved the first of March, one thousand eight hundred I; 35^

and seventeen, as concerns the crews of vessels therein named ; and so
much of the first section of an act entitled "An act to repeal the tonnage 1880, en. 319,
duties upon ships and vessels of the United States and upon certain *voLtv.p.435.
foreign vessels" approved the thirty-first of May, one thousand eight

202

THIRTY-EIGHTH CONGRESS, Sess. L Cb< 1-71. 1864,

Officer of
Dnited States
vessels to bo
citizens.

hundred and, thirty, as n>&kes cfocrimmtion in favor of vessels certain
proportions of whose v crews shall be citizens of jfche United Sfates, shall
be, and the sameLare hereby, repealed : Provided, however, That officers
of vessels of the United States shall in all cases be citizens of ihe United
States.

&PBRQXxx>i Jane 28, 1864.

June 30, 1864.

Duties on im-
ports in Hen of
former 4attes«

Teas.
Sugar.

Standard of
sugars.

Sngar-candy
andconfjec*
ttonerw

Molasses and

Brandy*
Post, p. 492.

Spirits.

Cordials and
liqueurs*

Bay rum*
Wines*

Chap, CXjXXL — An Act to increase Duties on Imports, omdfir other Purposes.

Be it enacted by the Senate and House of Representatives of ike United
States of America in Congress assembled, That on and after the first day
of July, Anno Domini eighteen hundred and sixty-four, in Hen of the du-
ties heretofore imposed by law on the articles hereinafter mentioned, there
shall be levied, collected, and paid, on goods, wares, and merchandise
herein enumerated and provided for, imported from foreign countries, the
following duties* and rates of duty, that is to say t —

First On teas of all kinds, twenty-five cents per pound.

Second* On.all sugar not above number twelve, Dutch standard in color,
three cents per pound.

On all sugar above number twelve, and not above number fifteen,
Dutch standard in color, three cents and a half per pound.

On all sugar above number fifteen, not stove-dried, and not above num-
ber twenty, Dutch standard in color, four cents per poung.

On all refined sugar in form of loa£ lump, crushed, powdered, pulver-
ized, or granulated, and all stove-dried or other sugar above number twenty,
Dutch standard in color, five cents per pound : Provided, That die stand-
ard by which the color and grades of sugar are to be regulated shall
be selected and furnished to the collectors of such ports of entry as may
be necessary by the Secretary of the Treasury, from time to time, and in
shch manner as he ntay deem 'expedient.

On 8u^ar-cau4y 4 notcojored, ten cents per pound. On all other confec-
tionery, not otherwise provided for, made wholly or in part of sugar, and
on sugars after fceing refined, when tinctured, colored, or in any way adul-
terated, valued at thirty cents per fcound or less, fifteen cents per pound.
On all confectionery valued above thirty cents per pound, or when sold by
the box, package, or.tftherwise than by the pound, fifty per centum ad va-
lorem. ' 4

Third. On molasses from sugar-cane, eight cents per gallon. On.sirap
of sugar-cane juice, melado, concentrated melado, pr concentrated molas-
ses, two cents and 'a half jter pound Provided, That all sirups of sugar
or sugar-cane, cane juice, concentrated molasses, or concentrated melado,
entered under the name of molasses, or any other name than sirup of sugar,
or of sugar-cane, cane juice, concentrated molasses, or concentrated me-
lado, shall be liable to forfeiture to the United States, and the same shall
be forfeited. •

Sbo. 2. And be U further enacted, That on and after the day and year
aforesaid, in lieu of the duties heretofore imposed by law* on the articles
hereinafter mentioned, there shaQ be levied, coUected, and paid, on the
goods, wares, and merchandise enumerated and provided for in this section,
imported from foreign countries, the following duties and rates of duty, that
is to say: —

First. On brandy, for first proof, two dollars and fifty cents per gallon.

On other spirits, manufactured or.distOled from grain or other materials,
for first proof? two dollars, per gallon.

On cordials, and liqueurs of all kinds, and arraci, absynjbe, kirschen-
wasser, ratafia, and other similar spirituous beverages, not 4 otherwise pro-
vided for, two dollars per gallon.

On bay rum, one dollar and fifty cents per gallon*
\pn wines of all kinds, valued at not over fifty cents per gallon, twenty

i

THIRTY-EIGHTH CONGRESS. Sbss. L Ch. 171. 186%.

203

cents per gallon and twenty-five per centum ad valorem ; valued at over v^nes.
fifty cents and not over one dollar per gallon, fifty cents' per gallon and
twenty-five per centum ad valorem ; valued at over one dollar per gallon,
one dollar per gallon and twenty-five per cent, ad valorem : Provided, Proviso.
That no champagne or sparkling wines, in bottles, shall pay a less rate
of duty than six dollars per dozen bottles, each bottle containing not more
than one quart and more than one pint, or six dollars per two dozen bot-
tles, each bottle containing not more than one pint.

On all spirituous liquors, not otherwise enumerated, one hundred per Spittoons
centum ad valorem: Provided, That no lower rate or amount of duty shall HSKl^iSlfr
be levied, collected, and pai^on brandy, spirits, and other spirituous bever- *** 8munerated '
ages, than that fixed by few for the description of first proof, but shall P«t, p. 492.
be Increased in proportion for any greater strength than the strength of
first proof; and no brandy, spirits, or other spirituous beverages under lowest duty to
first proof shall pay a less rate of duty than fifty per centum ad valorem: bej ontatptoo^
Provided, furtker, That all imitations of brandy^ or spirits, or of wines Proviso,
imported by any names whatever, shall be subject to the highest rate of
duty provided for the genuine articles respectively intended to be rep-
resented, and in no case less than one dollar 'per gallon: And provided, Ptovfeo.
jb&ther, That brandies, or other spirituous liquors, may be imported in bot-
tles when the package shall contain not less than one dozen ; and all bottles
shall pay a separate duty of two cents each, whether containing wines, bran-
dies, or other spirituous liquors subject to duty as hereinbefore mentioned.

Second. On ale, porter, and beer, in bottles, thirty-five cents per gallon; . Ale, porter,
otherwise tBan in bottles, twenty cents per gallon. - 'and beer.

Third. On cigars of all kinds, valued at fifteen dollars or less per thou* Cigar*
sand, seventy-five cents per .pound and twenty per' centum ad valorem;
valued at over fifteen dollars and not over thirty dollars per thousand,
one dollar and twenty-five cents per pound and thirty per centum ad valo-
rem ; valued at over thirty dollars and not over forty-five dollars pef thou-
sand, two dollars per pound and fifty per centum ad valorem ; valued at
over forty-five dollars per thousand, three dollars per pound and sEdyper
centum ad valorem : Provided, That paper cigars or dgaretfes, Including Proviso,
wrappers, shall be subject to the same duties imposed on cigars.

On snuff and snuff-flour, manufactured of tobacco, ground, dry, or damp, Snuff, &e.
and pickled, scented, or otherwise, of all descriptions, fifty cents per pound.

On tobacco in leaf, unmanufactured and not stemmed, thirty-five cents Tobacco,
per pound.

On tobacco manufactured, of all descriptions, and stemmed tobacco not Post, p. 498.
otherwise provided for, fifty cents per pound*

Sec* & And be it farther enacted, That on and after the day and Year
aforesaid, in lieu of the duties heretofore imposed by law on the articles
hereinafter mentioned, there shall be levied, Collected, and paid on the'
goods, wares, and merchandise, herein enumerated and provided 'for, im-
ported from fpreign countries^ the following duties and rates of dufy, that
is to say : —

On bar iron, rolled or hammered, comprising flats not less than' one inch Bar-iroa, &*
or more than six inches wide, nor less than three eighths of an inch or
more than two inches thick ; rounds not less than three fourths of an inch
nor more than two inches in diameter; and squares not less than three
fourths of an inch nor more than two inches square, one cent per pound.
On bar iron, rolled or hammered, comprising flats less than three eighths
of an inch or more than two inches thick or less fft&n one iOch or 'more
than six inches wide ; rounds less than three fourths of an inch or more
than two Inches in diameter ; and squares less than three fourths of an
inch or more than two inches square, one cent and btteWf per pound :
Provided, That all iron in slabs, blooms, loops, or other forms, less finished Proviso.
than iron in bars, 'and more advanced than pig Iron, except castings, shall
be rated as iron in bars, and pay a duty accordingly": And provided, fitr^

THIBTY-EIGHTH CONGRESS. Snn.L Ch.171. 1864

BaUreuMron.
&c Post, p. 498.

Wire.

Tin plates,
iron.

Slit rods.

'Locomotive

.... .
tore.

Wrought iron.

Anvils and
Jta.

Chains, &c

Anchors.
Hammers, &c

Railroad
chain.

Screws, &c.

*HaOs, spikes,
tacks, &o*

Steam and gas
tabes. ite^p.i&8.

That none; oF the above iron shall pay a less rate of doty than thirty*
five per centum ad valorem* <

On all iron imported in bars for railroads arid inclined planes, made t to
patterns and fitted to be laid down on such roads or planes without further
manufactory sixty cents per one hundred pounds* On boUsr or other
plate iron not less than three sixteenths of an inch in thickness* one ^ient
and a half per pound. On iron wir^.bright, coppered, or tinned, drawn
and finished, not more than one fourth of an inch in diameter} not less
than number sixteen, wire gauge, two dollars per one hundred pounds,
and in addition thereto fifteen per centum ad valorem ; over number six-
teen and pot, over number twenty-five, wire gauge, three dollars and fifty
cents, per one, hundred pounds, and in addition thereto fifteen per centum
ad valorem : Provided, That wire covered with cotton^ silk, or other ma-
terial shall pay five cents per pound in addition to the foregoing rate*.
Qu smooth or polished sheet-iron, by whatever name designated, three
cents per pound* On sheet-iron, common or black, not thinner than num-
be* twepty* wire gauge, one cent and one fourth of one cent per pound;
thinner than number twenty, and not thinner than number twenty-five,
wire gauge, one cent and a half per pound ; thinner than number twenty-
five, wire gauge, one cent and three fourths of one cent per pound.

On tin plates, and iron galvanized or coated with any metal by electric
batteries, or otherwise, two cents and a half per pound.

On all band, hoop,.and scroll iron from one half to .six inches in width,
not thinner than* one eighth of an inch, one and one fou rth cent per pound*

On all band, hoop, and scroll iron from one half to six inches wide, un-
der one eighth of an inch in thickness, and not thinner than number twenty,
wire gauge, one and one half cent per pound*

On all band, hoop, and scroll iron thinner than number twenty, wire
gauge, one and three fourths cent per pound.

On slit rods one cent and one half per pound, and on ajl other descrip-
tions of rolled or hammered iron not otherwise provided for, one cent and
one fourth per pound.

On locomotive tire, or parts thereof, three cents per pound.

On mill-irons and mill-cranks of wrought iron, and wrought iron for
ships, steam-engines, and .locomotives, or parts thereof weighing each
twenty-five pounds or more, two cents per pound*
' On anvils and on iron cables, or cable chains, or parts thereof^ two cents
and a half per pound.

' On chains, trace chains, halter-chains, and fence-chains, made of wire or
rods, not less than one fourth of one inch in diameter, two cents.and a half
per pound ; less than one fourth of one inch in diameter, and not under
number nine, wire gauge, three cents per pound ; under number nine, wire
gauge, thirty-five per centum ad valorem*
On anchors, or parts thereof, two cents and one fourth per pound*
On blacksmiths 9 hammers and sledges, axles, or parts thereof, and mal-
leable iron in castings, not otherwise provided for, two cents and ,4 hplf
per pound.

On wrougbi-iron railroad chairs, and wrought-iron nuts and washers,

ready punched, two cents per pound.
On bed-screws and wrou^bt-iron binges^two cents' and a half per^pound*
On wrought board-nails, spikes, rivets, and bolts, two and one half cenj& r

per pound.

On cut nails and spikes, one and a'half c$n$ per pound.
On horseshoe nails, five cents per pound*

On cut tacks, bVads> or sprigs, not exceeding sixteen ounces to $0
thousand^ two and one half cents per thousand; exceeding sixteen ouncei
to the thousand, three cents per pound. ~

On steam* gas, and water tufa pjufces} ^nd flues, of wrought jtaw^
two cents and a half per pound.

THIETY-EIGHTH CONGBESS. Sess. I. Oh. 171. 1864

205

On screws, commonly called wood screws, two inches or over in length,
eight cents per pound; less than two inches in length, eleven cents per
pound*

On screws of any other metal than iron, and all other screws of iron,
except wood screws, thirty-five per centum ad valorem*
On iron in pigs, nine dollars per ton*

On vessels of cast-iron, not otherwise provided for, and on andirons, sad-
irons, tailors' and hatters' irons, stoves and stove-plates, of cast iron, one
and one half cent per pound*
On cast-iron steam, gas, and water-pipe, one and one half cent per pound*
On cast-iron butts and hinges, two and a half cents per pound*
On hollow ware, glazed or tinned, three and one half cents per pound*
On all other castings of iron, not otherwise provided for* thirty per
centum ad valorem*

On*ail manufactures of iron, not otherwise provided for, thirty-five per
centum ad valorem*

' On old scrap-iron, eight dollars per ton : Provided, That nothing shall be
deemed old iron that has not been in actual use and fit only to be reman-
ufactured*

On steel, in ingots, bars, coils, sheets, and steel wire, not less than one
fourth of one inch in diameter, valued at seven cents per pound or less,
two cents and one fourth per pound ; valued at above seven cents and not
above eleven cents per pound, three cents per pound ; valued at above
eleven cents per pound, three cents and a half per pound, and ten per
centum ad valorem. *

On steel wire less than one fourth of an inch in diameter and not less
than number sixteen, wire gauge, two and one half cents per pound, and
in addition thereto twenty per centum ad valorem ; less or finer than num-
ber sixteen, wire gauge, three cents per pound, and in addition thereto
twenty per centum ad valorem.

On steel in any form, not otherwise provided for, thirty per centum ad
valorem.

On skates costing twenty cents or less -per pair, eight cents per pair ;
costing over twenty cents per pair, thirty-five per centum ad valorem.
On cross-cut saws, ten cents per lineal foot.

On mill, pit, and drag saws, not over nine inches wide, twelve and a half
cents per lineal foot.

On all hand-saws not over twenty-four inches in length, seventy-five
cents per dozen, and in addition thereto thirty per centum ad valorem ;
over twenty-four inches in length, one dollar per dozen, and hi addition
thereto thirty per centum -ad valorem*

On, all back-saws not over ten inches in length, seventy-five cents per
dozen, and in addition thereto thirty per centum ad valorem ; over ten inches
in length, one dollar per dozen, and in addition thereto thirty v ar centum
ad valorem.

On filers file blanks, rasps, and floats of all descriptions, not exceeding
ten inches in length, ten cents per pound, and in addition thereto thirty per
centum ad valorem % exceeding ten inches in length, six cents per pound,
and in addition thereto thirty per centum ad valorem.

On pen-knives, jack-knives, and pocket-knives of all kinds, fifty per
centum ad valorem*

On needles for knitting or sewing-machines, one dollar per thousand, and
in addition thereto thirty-five per centum ad valorem.

On iron squares marked on one side, three cents per pound, and in addi-
tion thereto thirty per centum ad valorem ; on all other squares of iron or
steel, six cents per pound,and thirty per centum ad valorem.

On all manufactures of steel, or of which steel shall be a component
part, not otherwise provided for, forty-five per centum ad \valorem : Pro*
vided, That all articles of steel partially manufactured, or of which steel

VOL. XIII. PtJB. — 18

Wood screws.

Pig-iron.

Teasels of east-
iron.

. Steam, &c,
pipe.

Hollow ware.

Other man a-,
factum oi iron*

Scrap-iron.
What to be
deemed old iron*

Steel.

Steel-Tv ire.

Skates*
Saws.

Files, &c

Knives.

Needles.

Squares.

Manufactures

of steel.

206 THIBTY-EIGHTH CONGRESS. Sbss.L Ch. 171. 1864

Bituminous
eoaL

Coke, &o.
Lead*

■fewter.

Lead on*
Copper.

Zino t &c

shall be a component part, not otherwise provided for, shall pay the same
rate of duty as if wholly manufactured.

On bituminous, coal, and shale, one dollar and twenty-five cents for a
ton of twenty-eight bushels, eighty pounds to the bushel ; on all other coal,
forty cents per ton of twenty-eight bushels, eighty, pounds to the bushel
On coke and culm of coal, twenty-five per centum ad valorem*
On lead, in pigs and bars, two cents per pound.
On old scrap-lead, fit only to be remanufactured, one cent and one half
per pound.

On lead in sheets, pipes, or shot, two and three quarter cents per pound.
On pewter, when old and fit only to be remanufactured, two cents per
pound.

On lead ore, one and a half cents per pound.
On copper in pigs, bars, or ingots, two and a half cents per pound.
On sheathing-copper, in sheets forty-eight inches long and fourteen
inches wide, weighing from fourteen to thirty-four ounces per square foot,
three and a half cents per pound.

On copper rods, bolts, nails, spikes, copper bottoms, copper in sheets or
plates, called braziers 1 copper, and other sheets of copper not otherwise
provided for, thirty-five per centum ad valorem*

On zinc, spelter, or teutenegue, manufactured in blocks or pigs, one and
a half cent per pound.

On zinc; spelter, or teutenegue in sheets, two and one quarter cents per
pound.

Diamonds, && On diamonds, cameos, mosaics, gems, pearls, rubies, and other precious
stones, when not set, a duty of ten per centum ad valorem.

Sbo. 4. And be it further enacted. That on and after the day and year
aforesaid, there shall be levied, collected, and paid on the importation of
the articles hereinafter mentioned, the following duties, that is to say : On
all wool, unmanufactured, and all hair of the alpaca, goat, and other like
animals, unmanufactured, the value whereof at the last port or place from
whence exported to the United States, exclusive of charges in such ports,
shall be twelve cents or less per pound, three cents per pound ; exceeding
twelve cents and not exceeding twenty-four cents per pound, six cents per
pound ; exceeding twenty-four cents per pound, and not exceeding thirty-
two cents, ten cents per pound, and in addition thereto ten per centum ad
valorem ; exceeding thirty-two cents per pound, twelve cents per pound,
and in addition thereto ten per centum ad valorem : Provided, That any
wool of the sheep, or hair of the alpaca, the goat, and other like animals
which shall be imported in any other than the ordinary condition, as now
and heretofore practised, or which shall be changed in its character or
condition for the purpose of evading the duty, or which shall be reduced
in value by the admixture of dirt or any foreign substance, shall be subject
to pay a duty of twelve cents per pound and ten, per centum ad valorem,
anything in this act to the contrary! notwithstanding : Provided, farther.
That when wool of different qualities is imported in the same bale, bag, or
package, and the aggregate value of the contents of the bale, bag, or
package shall be appraised by the appraisers at a rate exceeding twenty-
four cents per pound, it shall be charged with a duty of ten cents per pound
and ten per centum ad valorem ; and when bales of different qualities are
embraced in the same invoice at the same price, whereby the average price
shall be lessened more than ten per centum, the value of the whole shall
be appraised according to the value of the bale of the best quality ; and
no bale, bag, or package shall be liable to a less rate of duty in conse-
quence of being invoiced with wool of lower value : And provided, fur-
ther. That wool which shall be imported scoured, shall pay, in lieu of the
duties herein provided, three times the amount of such duties.

Second* On sheepskins, raw or unmanufactured, imported with the wool
on, washed or unwashed, shall be subject to a duty of twenty per centum
ad valorem ; and on flocks, waste, or shoddy, three cents per pound.

^Proviso.

Proviso.

Proviso.

Sheepskins.

THIRTY-EIGHTH CONGRESS. Sess.1. Cel*171. 1864.

207

Proviso.

Proviso,

Woollen cloths

. Sec. 5. And be it further enacted, That on and after die day and year
aforesaid, there shall be levied, collected, and paid on the importation of
the articles hereinafter mentioned, the following duties, that is to say ; —

First On Wilton, Saxony, and Aubusson, Axminster, patent velvet,
Toornay velvet, and tapestry velvet carpets and carpeting, Brussels car- < J?J^!f and
pets wrought by the Jacquard machine, and all medallion or whole car- Vfcr P wn s*
pets, valued at one dollar and twenty-five cents or under per square yard,
seventy cents per square yard ; valued at over one dollar and twenty-five
cents per square yard, eighty cents per square yard : Provided, That no
carpeting, carpets, or rugs of the foregoing description shall pay a duty of
less than fifty per centum ad valorem. On Brussels and tapestry Brus-
sels carpets and carpetings, printed on the warp or otherwise, fifty cents
per square yard. On ail treble ingrain, three-ply, and worsted chain
Venetian carpets and carpeting, forty cents per square yard. On yarn
Venetian and two-ply ingrain carpets and carpeting, thirty-five cents per
square yard. On hemp or jute carpeting, six and a half cents per square
yard. On druggets, bookings, and felt carpets and carpeting, printed,
colored, or otherwise, twenty-five cents per square yard. On carpets anjd
carpeting of wool, flax, or cotton, or parts of either, or other material not
otherwise specified, forty per centum ad valorem : Provided, That mats,
rugs, screens, covers, hassocks, bedsides,' and other portions of carpets or
carpetings, shall be subject to the rate of duty herein imposed on carpets
or carpetings of like character* or description, and on all other mats, screens,
hassocks and rugs, forty-five per. centum ad valorem.

Second. Onjsoollen cloths, woollen shawls, and all manufactures of wool
of every description, made wholly or in part of wool, not otherwise provided ^ WO ol.
for, twenty- four cents per pound, and in addition thereto forty per centum
ad valorem. On goods of like description, when valued at over two dol-
lars per square yard, a duty, in addition to the foregoing rates, of* five per
centum ad valorem : Provided, That goods of like description, composed
of worsted, the hair of the alpaca, goat, or other like animals, and weigh-
ing over eight ounces to the square yard, shall be subject to pay the same
duties and rates of duty herein provided for woollen cloths. On endless
belts or felts for paper, and blanketing for printing-machines, twenty cents
per pound, and in addition thereto thirty-five per centum ad valorem*
On flannels, uncolored, valued at thirty cents or less per square yard, Flannels,
twenty-four cents per pound, and thirty per centum ad valorem ; valued at
above thirty cents per square yard, and on all flannels, colored, printed, or
plaided, not otherwise provided for, and flannels composed in part of cotton,
twenty-four cents per pound and thirty-five per centum ad valorem. On
flannels composed in part of silk, fifty per centum ad valorem. On hats of
wool, twenty-four [cents] per pound, and in -addition thereto thirty-five per
centum ad valorem. On woollen and worsted yam, valued at fifty cents
and not over one dollar per pound, twenty cents per pound, and in addition
thereto twenty-five per centum ad valorem ; valued at over one dollar per
pound, twenty-four cents per pound, and in addition thereto thirty per centum
ad valorem. On woollen and worsted yarn, valued at less than fifty cents
per pound, and not exceeding in fineness number fourteen, sixteen cents
per pound, and in addition thereto twenty-five per centum ad valorem.
On clothing, ready-made, and wearing apparel of every description, com- Ready-made
posed wholly or in part of wool, made up or manufactured wholly or in Nothing,
part by the tailor, seamstress, or manufacturer, except hosiery,. twenty-
four cents per pound, and in addition thereto forty per centum ad valorem.
On blankets of all kinds, made wholly or in part of wool, valued at not
exceeding twenty-eight cents per pound, twelve cents per pound, and in
addition thereto twenty per centum ad 'valorem; valued at above twenty-
eight cents and not exceeding forty cents per pound, twenty-four cents per
pound and twenty-five per centum ad valorem ; valued above forty cents
per pound, twenty-four cents per pod nd and thirty per centum ad valorem.

Proviso.
Alpaca.

Belts, &c

Hats.

Yams*

Blankets.

208

THIRTY-EIGHTH CONGRESS. Sess. X. Cec 17L 1864

Women 1 8,
dresa-goods.

Shtrte, drawers
and hosiery*

Manufactures
of worsted, &c

Lastings*

Oil-clothe.

Cotton.
Poxt^ p. 483.

Manufactures
of cotton*

1 Amended, PasL
pp. 491, 492.]

Jeans, driltiiigB,
Post, p. 492.

On Balmorals, and goods of similar description, or used for like purposes,
composed of wool, worsted, or any other material, twenty-four cents per
pound, and in addition thereto thirty-five per eentum ad valorem.

On women's and children's dress-goods, composed wholly or in part of
wool, worsted, mohair, alpaca, or goats' hair, gray or uncolored, not ex*
ceeding in value the sum of thirty cents per square yard, four cents per
square yard, and in addition thereto twenty-five per eentum ad valorem ;
exceeding in value thirty cents per square yard, six cents per square
yard, and in addition thereto thirty per centum ad* valorem*

On all goods of the last-mentioned description, if stained, colored, or
printed, not exceeding in value the sum of thirty cents per square yard,
four cents per square yard, and thirty per centum ad valorem ; exceeding
in value thirty cents per square yard, six cents per square yard, and in
addition thereto thirty-five per centum ad valorem.

On shirts, drawers, and hosiery of wool, orVof which wool shall be a
component material, not otherwise provided for, twenty cents per pound,
and in addition thereto thirty per centum ad valorem.

On bunting and on all other manufactures of worsted, mohair, alpaca,
or goats' hair, or of which worsted, mohair, alpaca, or goats' hair shall
be a component material, not otherwise provided for, fifty per centum ad
valorem.

On lastings, mohair cloth, silk, twist, or other manufacture of cloth,
woven or made in patterns of audi size, shape, and form, or cut in such
manner as to be fit for shoes, slippers, boots, bootees, gaiters, and buttons,
exclusively, not combined with India rubber, ten per centum ad valorem.

On oil-cloths for floors, stamped, painted, or printed, valued at fifty cents
or less per square yard, thirty per centum ad valorem ; valued at over
fifty cents per square yard, and on all other oil-cloth, except silk oil-cloth,
forty per" centum ad valorem*

Sec. 6. And he it further enacted, That on and after the day and year
aforesaid there shall be levied, collected, and paid, on the importation of
the articles hereinafter mentioned, the following duties, that is to say : —

First On cotton, raw or unmanufactured, two cents per pound*

Second. On all manufactures of cotton, (except jeans, denims, drillings,
bed-tickings, ginghams, plaids, cottonades, pantaloon stuff, and goods ot
like description,) not bleached, colored, stained, painted, or printed, and
not exceeding one hundred threads tc die square inch, counting the warp
and filling, and exceeding in weight five ounces per square yard, five
cents per square yard ; if bleached, five cents and a half per square yard $
if colored, stained, painted, or printed, five cents and a half per square
yard, and in addition thereto ten per centum ad valorem* On finer and
lighter goods of like description, exceeding one hundred threads and not
exceeding two hundred threads to the square inch, -counting the warp and
filling, unbleached, five cents per square yard ; if bleached, five and a
half cents per square yard ; if colored, stained, painted, or printed, fire
and a half cents per square yard, and in addition thereto twenty per
centum ad valorem* On gooda of like description, exceeding two hundred
threads to the square inch, counting the warp and filling, unbleached, five
cents per square yard ; if bleached, five and a half cents per square yard ;
if colored, stained, painted, or printed, five and a half cents per square
yard, and in addition^ thereto twenty per centum ad valorem.

Third. On all cotton jeans, denims, drillings, bed-tickings, ginghams,
plaids, cottonades, pantaloon stuffs, and goods of like description, or for
similar use, if unbleached, and not exceeding one hundred threads to the
square inch, counting the warp and filling, and exceeding five ounces to
the square yard, six cents per square yard ; if bleached, six cents and a
half per square yard ; if colored, stained, painted, or printed, six cents
and a half per square yar^, and in addition thereto ten per centum ad
valorem. On finer or lighter goods of like description, exceeding one

THIRTY-EIGHTH CONGRESS. Sbss* L Ch, 17L 1864.

209

hundred threads and not exceeding two Hundred threads to the square- Jeans, fcffltoisa,
inch, counting the warp and filling, if unbleached, six cents per square
yard ; if bleached, six and a half cents per square yard ; if colored, stained,
painted, or printed, six and a half cents per square yard, and in addition
thereto fifteen per centum ad valorem. On goods of like description ex-
ceeding two hundred threads to the square inch, counting the warp and
filling, if unbleached, seven cents per square yard ; if bleached, seven and
a half cents per square yard ; if colored, stained, painted, or printed, seven
and a half cents per square yard, and in addition thereto fifteen per centum Proviso,
ad valorem : Provided, That upon all plain woven cotton goods not in-
cluded in the foregoing schedules, unbleached valued at over sixteen cents
per square yard, bleached valued at over twenty cents per square yard,
colored valued at over twenty-five cents per square yard, and cotton jeans,
denims, and drillings unbleached valued at over twenty cents per square
yard, and all other cotton goods of every description, the ike value of
which shall exceed' twenty-five cents per square yard, there shall be levied,
collected and paid a duty of thirty-five per centum ad valorem: And fro* Proviso. *
vided, further. That no cotton goods having more than two hundred threads
to the square inch, counting the tfarp and filling, shall be admitted to a less
rate of duty than is provided for goods which are of that number of threads.

Fourth* On spool-thread of cotton, six cents per dozen spools, contain- Spool-thread,
ing on each spool not exceeding one hundred yards of thread, and in
addition thereto thirty per centum ad valorem ; exceeding one hundred P<ut> p-
yards, for every additional hundred yards of thread on each spool, or
fractional part thereof in excess of one hundred yards, six cents per dozen,
and thirty per centum ad valorem.

On cotton shirts and drawers, woven or made on frames, and on all Shirts and
cotton hosiery, thirty-five per centum ad valorem. drawers.

On cotton velvet, thirty-five per centum ad valorem. Cotton ^elvet

On cotton braids, insertings, lace, trimming, or bobbinet, and all other Braids, &c
manufactures of cotton, not otherwise provided for, thirty-five per centum
ad valorem.

Sbo. 7. And he it further enacted, That on and after the day and year
aforesaid, in lieu of the duties heretofore imposed by law on the articles
hereinafter mentioned, there shall be levied, collected, and paid, on the
goods, wares, and merchandise enumerated and provided for in this sec-
tion, imported from foreign countries, the following duties and rates of
duty, that is to say : —

First On brown and bleached linens, ducks, canvas, paddings, cotton Linens, dock,
bottoms, burlaps, diapers, crash, huckabacks, handkerchiefs, lawns, or other fc^ d ?fl^
manufactures of flax, jute, or hemp, or of which flax, jute, or hemp shall &c
be the component material of chief value, not otherwise provided for,
valued at thirty cents or less per square yard, thirty-five per centum ad
valorem ; valued at above thirty cents per square yard, forty per centum
ad valorem. On flax or linen yarns for carpets, not ^exceeding number
eight Lea, and valued at twenty-four cents or less per pound, thirty per
centum ad valorem* On flax or linen yarns valued at above twenty-
four cents per pound, thirty-live per centum ad valorem* On flax or linen
thread, twine and pack-thread, and all other manufactures of flax, or of
which flax shall be the component material of chief value, not otherwise
provided for, forty per centum ad valorem.

Second* On tarred cables or. cordage, three cents per pound* On un* Tarred cables
tarred Manilla cordage, two and a half cents per pound. On all other
untarred cordage, three and a half cents per pound* On hemp yarns,
five cents per pound On coir yarn, one and a half cent per pound* On
seines, six and a halt cents per pound.

* Third. On gunny cloth, gunny bags, and cotton bagging, or other man- Gonny clout,
ufacture not otherwise provided for, suitable for the uses to which cotton
bagging is applied, composed in whole or in part of hemp,* jute, flax, or

18*

210

THIRTY-EIGHTH OONGSESS. * 8ml On. 171. 1864.

Guimy cloth, other material, valued at ten cents or less per square yard, three cents
&°* per pound ; over" ten cents per square yard, four cents per |>ound. On.

sail duck or canvas for sails, thirty per centum" ad valorem. On Russia
and other sheetings of flax or hemp, brown and white, thirty-five per
centum ad valorem. On afi other manufactures of hemp, or of which
hemp shall be Hie component material of chief value, not* otherwise pro-
vided for, thirty per centum ad valorem. On grass cloth, thirty per
centum ad valorem. On jute yarns, twenty-five per centum ad valorem.
On all other manufactures of jute or Sisal-grass, not otherwise provided
for, thirty per centum ad valorem*

Sec. 8* And he it farther enacted, That on and after the day and year
aforesaid, in lieu of the duties heretofore imposed by law on' the articles
hereinafter mentioned, there shall be levied, collected, and paid, on the
goods, wares, and merchandise enumerated and provided for in this see*
don, imported from foreign countries, the following duties and rates of
duty, that is to say : —

Span sOk, && On spun silk for filling in skeins or cops, twenty-five per centum ad
valorem. On silk in the gum not more advanced than singles, tram, and

Post, p. 493. thrown or organzine, thirty-five per centum ad valojcem. On floss silks,
thirty-five per centum ad valorem. On sewing-silk in the gum or puri-
fied, forty per centum ad valorem. On all dress and piece silks, ribbons,
and silk velvets, or velvets of which silk is the component material of
chief value, sixty per centum ad valorem. On silk vestingg, pongees,
shawls, scarfs, mantillas, pelerines, handkerchiefs, veils, laces, shirts, draw-
ers, bonnets, hats, caps, turbans, cheinisettes, hose, mitts, aprons, stock-
ings, gloves, suspenders, watch-chains, webbings braids, fringes, galloons,
tas&is, cords, and trimmings, sixty per centum ad valorem.

On all manufactures of silk, or of which silk is the component material
of chief value, not otherwise provided for, fifty per centum ad valorem.

Sbc. 9. And be it farther enacted) That on and after the day and year
aforesaid, in lieu of the duties heretofore imposed by law on the articles
hereinafter mentioned, there shall be levied, collected, and paid on the
goods, wares, and merchandise enumerated and provided for in this sec-
tion, imported from foreign countries, the following duties and rates of
duty, that is to say: —

Earthen and On all brown .earthenware and common stoneware, gas retorts, stone-
stoneware, ware not ornamented, twenty-five per centum ad valorem.

China, &c On china, porcelain, and Parian ware, gilded, ornamented, or decorated
in any manner, fifty per centum ad valorem.

On china, porcelain, and Parian ware, plain white, and not decorated
in any 'manner, forty-five per centum ad valorem ; on all other earthen,
stone, or crockery ware, *hite, glazed, edged, printed, painted, dipped, or
cream-colored, composed of earthy or mineral substances, and not other-
wise provided for, forty per centum ad valorem.

Slates, &c On slates, slate-pencils, slate chimney-pieces, mantels^slabs for tables,
and all other manufactures of slate, forty per centum ad valorem.

Clay, &c On unwrought clay, pipe-clay, fire-clay, and kaoline, five dollars per ton.

On fuller's earth, three dollars per ton.

On white chalk and clinkstone, ten dollars per ton. On red and French
chalk, twenty per centum ad valorem. On chalk of all descriptions, not.
otherwise provided for, twenty-five per centum ad valorem.

On whiting and Paris-white, one cent per pound.

On whiting ground in oil, two cents per pound.
Glass. On all plain and mould and press glass not cut, engraved, or painted,

thirty-five per centum ad valorem.

On all articles of glass, cut, engraved, painted, colored, printed, stained,
silvered, or gilded, not including plate-glass silvered, or looking-glass
plates, forty per centum ad valorem.

On all unpolished cylinder, crown, and common window-glass, not ex-

THIRTY-EIGHTH CONGRESS. Sbss.1. Gb.172. 1864.

211

ceeding ten by fifteen inches square, one cent and a half per pound} d* 8 ".
above that and not exceeding sixteen by twenty-four inches square, two
cents [per] pound; above that and exceeding twenty-four by thirty
inches square, two cents and a half per pound ; all above that three cents
per pound.

On cylinder and crown glass, polished, not exceeding ten by fifteen
inches square, two and one half cents per square foot; above that, and
not exceeding sixteen by twenty-four inches square, four cents per square
foot; above that, and not exceeding twenty-four by thirty inches square,
six cents per square foot; above that, and not exceeding twenty-four by
sixty inches, twenty cents per square foot ; all above that, forty cents per
square foot

On fluted, rolled, or rough plate-glass, not including crown, cylinder, or
common window glass, not exceeding ten by fifteen indies square, seventy-
five cents per one hundred square feet; above that, and not exceeding x
sixteen by twenty-four inches square, one cent per square foot ; above
that and not exceeding twenty-four by thirty inches square, one cent and
a half per square foot ; all above that, two cents per square foot > Pro-
vided, That all fluted, rolled, or rough plate-glass, weighing over one
hundred pounds per one hundred square feet, shall pay an additional
duty on the excess at the same rates herein imposed.

On all cast polished plate-glass, unsilvered, not exceeding ten by fifteen
indies square* three cents per square per foot; above tbat and not ex-
ceeding sixteen by twenty-four inches square, five cents per square foot ;
above that and-aot exceeding twenty-four by thirty inches square, eight
cents per square foot ; above that and not exceeding twenty-four by sixty
inches square, twenty-five cents per square foot; all above that, fifty cents
per square foot.

On all cast polished plate-glass, silvered, or looking-glass plates not
exceeding ten by fifteen inches square, four cents per square foot ; above
that and not exceeding sixteen by twenty-four inches square, six cents per
square foot; above that and not exceeding twenty-four by thirty inches
square, ten cents per square foot; above that and not exceeding twenty*
four by sixty inches square, thirty-five cents per square foot; all above
that, sixty cents per square foot: Provided, That no looking-glass plates
or plate-glass, silvered, when framed, shall pay a less rate of duty than
that imposed upon similar glass of like description not framed but shall
be liable to pay in addition thereto thirty per centum ad valorem upon
such frames.

On porcelain and Bohemian glass, glass crystals for watches, paintings
on glass or glasses, pebbles for spectacles, and all manufactures of glass,
or of which glass shall be a component material, not otherwise provided
for, and all glass bottles or jars filled with sweetmeats or preserves, not
otherwise provided for, forty per centum ad valorem.
* Sec. 10. And be it further enacted, That on and after the day and
year aforesaid, in lieu of the duties heretofore imposed by law on the
articles hereinafter mentioned, and on such as may now be exempt from
duty, there shall be levied, collected, and paid, on the goods, wares, and
merchandise enumerated and provided for in this section, imported from
foreign countries, the following duties and rate of duty, that is to say : —

First. On annatto seed, extract of annatto, nitrate of barytes, carmined Annatto seed,
indigo, crude tica, extract of saffiower, finishing powder, gold size and
patent size, cobalt, oxide of cobalt, smalt, zaffre, and terra alba, twenty
per centum ad valorem ; on nickel, fifteen per centum ad valorem.

Second. On albumen, asbestos, asphaltum, crocus colcottra, blue or Altramet^&fc.
Roman vitriol or sulphate of copper, bone or ivory drop black, murex-
ide, ultramarine, Indian red, and Spanish brown, twenty-five per centum
ad valorem.

Sec. 11. And be it further enacted, That on and after the day and

212

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 171. 1864.

Acids, &c

Almonds.

Manufactures
o£gold or silver.

Antimony.
Opiom.

Morphine.
Arrowroot, &c
Drags, &c

Cloves.

Bristles.

Lead*

Lemons.

year aforesaid, in lieu of the duties heretofore imposed by law on tbe
articles hereinafter mentioned, there shall be levied, and collected, and
paid, on the goods, wares, and merchandise enumerated and provided for
in this section^ imported from foreign countries, the following duties and
rates of duty, that is to say: —

On acetic acid, acetous or concentrated vinegar, or pyroligneous acid,
exceeding the specific gravity of 1.040, eighty cents per pound; not ex-
ceeding the specific gravity of 1.040, known as number eight, twenty-five
cents per pound.

On acetate or pyrolignate of ammonia, seventy cents per pound; of
baryta, forty cents per pound ; of iron, strontia, and zinc, fifty cents per
pound ; of lead, twenty cents per pound ; of magnesia and soda, fifty cents
per pound ; of lime, twenty-five per centum ad valorem.

On analine dyes, one dollar per pound and thirty-five per centum ad
valorem*

On blanc fixe, enamelled white, satin white, lane white, and all combi-
nations of barytes with acids or water, three cents per pound ; on carmine
lake, dry or liquid, thirty-five per centum ad valorem ; on French green,
Paris green, mineral green, mineral blue, and Prussian blue, dry or moist,
thirty per centum ad valorem.

On almonds, six cents per pound ; shelled, ten cents per pound.

On articles not otherviise provided for, made of gold, silver, German
silver, or platina, or of Which either of these metals shall be a component
part, forty per centum ad valorem.

On antimony, crude, and regains of antimony, ten per centum ad
v^alorom.

On opium, two dollars and fifty cents per pound.

Oa opium prepared for smoking, and the extract of opioum, one hun-
dred per centum ad valorem.

On morphine and its salts, two dollars and fifty cents per ounce.

On arrowroot, thirty per centum ad valorem.

On brimstone, crude, six dollars per ton.

On brimstone, in rolls, or refined, ten dollars per ton.

On castor beans or seeds per bushel of fifty pounds, sixty cents.

On chicory root, four cents per pound; ground, burnt, or prepared, five
cents per pound.

On cassia, twenty cents per pound.

On cassia buds and ground cassia, twenty-five cents per pound.
On cinnamon, thirty cents per pound.
On chloroform, one dollar per pound.

On collodion and ethers of all kinds, not otherwise provided for, and
etherial preparations or extracts, fluid, one dollar per pound.

On cologne water and other perfumery, of which alcohol forms the prin-
cipal ingredient, three dollars per gallon, and fifty per cent ad valorem.

On cloves, twenty cents per pound ; on clove steins, ten cents per pound.

On fusel oil, or amylic alcohol, two dollars per gallon.

On Hoffman's anodyne and spirits of nitric ether, fifty cents per* pound*

On bristles, fifteen cents per pound; on hogs' hair, one cent per pound;
on Istie, or Tampico fibre, one cent per pound.

On brushes of all kinds, forty per centum ad valorem.

On honey, twenty cents per gallon.

On lead, white or red, and litharge, dry or ground in oil, three cento
per pound.

On percussion caps, forty per centum ad valorem.

On lemons, oranges, pine-apples, plantains, cocoa-nuts, and fruits pre-
served in their own juice, and fruit juice, twenty-five per centum ad
valorem.

On licorice root, two cents per pound ; oa licorice paste or licorice in
rolls, ten cents per pound.

THIRTY-EIGHTH CONGRESS. Sess.1 Ch. 171. 1864 213

On nutmegs, fifty cents per pound.
On mace, forty cents per pound*

On oils, croton, one dollar per pound ; olive, in flasks or bottles, and
salad, one dollar per gallon ; castor, one dollar per gallon,; doves, two
dollars per pound; cognac or oananthic ether, four dollars per ounce.

On peanuts, or ground beans, one cent per pound; shelled, one and a
half cents per pound.

On filberts and walnuts, of all kinds, three cents per pound.

On petroleum and coal illuminating oil, crude, ten cents per gallon* On .Petroleum and
ffluminattog oil, and naphtha, benzine, and benzole, refined or produced from mun ! matilJ S
the distillation of coal, asphaltam, shale, peat, petroleum* or rock-oil, or post, p. 493.
other bituminous substances used for like purposes, thirty cents per gallon.

On pimento, and blade, white, and red or cayenne pepper, fifteen cents Pepper,
per pound ; on ground pimento and pepper of all lands, eighteen cents
per pound.

On spirits of turpentine, thirty cents per gallon*
On sulphur, flour of, twenty dollars per ton and fifteen per cent ad valorem.
On tannin, and tannic add, two dollars per pound; on gallic acid, one
dollar and fifty cents per pound.
On santonine, five dollars per pound.

On salt in sacks, barrels, and other packages, twenty-four cents per one Salt
hundred pounds. On salt in bulk, eighteen cents per one hundred pounds.
On crude saltpeter, [saltpetre,] two and one half cents per pound.
On strychnine and its salts, one dollar and one half per ounce.
On taggar's iron, thirty per centum ad valorem.
On vinegar, ten cents per gallon.

On watches, gold or silver, twenty-five per centum ad valorem*

On wood pencils, filled with lead or other materials, fifty cents per gross,
and in addition thereto thirty per centum ad valorem.

On ostrich, vulture, cock, and other ornamental feathers, crude or not
dressed, colored or manufactured, twenty-five per centum ad valorem ;
when dressed, colored, or manufactured, fifty per centum ad valorem.

On playing-cards, costing not over twenty-five cents per pack, twenty-
five cents per pack ; costing over twenty-five cents per pack, thirty-five
cents per pack.

Sec. 12. And be it further enacted, That on and after the day and year
aforesaid there shall be levied, collected, and paid a duty of fifty per ad^remSfe
centum ad valorem on the importation of the artides hereinafter mentioned on,&c
and embraced in this section, that is to say : —

Anchovies and sardines, preserved in oil or otherwise*

Artificial and ornamental feathers and flowers, or parts thereof of what-
ever material composed, not otherwise provided for, beads and bead orna-
ments.

Billiard-chalk.

. Ginger, preserved or pickled.

Ivory or bone dice, draughts, chess-men, chess-balls, and bagatelle-balls*
Jellies of all kinds.

On kid* or other leather gloves of all descriptions, for men's, women's,
or children's wear*

On wooden and other toys for children.

Sso. 13* And be it Jurther enacted, That on and after the day and
year aforesaid, in lieu of the duties heretofore imposed by law on the
artides hereinafter mentioned, there shall be levied, collected, and paid i>n
the goods, wares, and merchandise enumerated and provided for in this
section, imported from foreign countries, the following duties and rates of
duty, that is to say : —

On books, periodicals, pamphlets, blank books, bound or unbound, and Books, &e*
all printed matter, engravings, bound or unbound, illustrated books and
papers, and maps and charts, twenty-five per centum ad valorem.

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 171. , 1864

On eork 9 bark or wood, unmanufactured, thirty per centum ad valorem.

On corks, and cork bark manufactured, fifty per centum ad valorem.

On hatters' furs, not on the skin, and dressed furs on the skin, twenty
per centum ad valorem. Furs on the skin, undressed, ten per cent ad
valorem.

On fire-crackers, one dollar per box of forty packs, not exceeding
eighty to each pack, and in the same proportion for any greater num-
ber.

On gutta-percha, manufactured, forty per centum ad valorem.
Gunpowder. On gunpowder and all explosive substances used for mining, blasting,
artillery, or sporting purposes, when valued at twenty cents or less per
pound, a duty of six cents per pound, and in addition thereto twenty per
centam ad valorem $ valued above twenty cents per pound, a duty of ten
cents per pound, and in addition thereto twenty per centum ad valorem.
Marble. On marble, white statuary, brocatella, sienna, and verdantique, in block,

Pogtfjp. 493. rough or squared, one dollar per cubic foot, and in addition thereto twenty-
five per centum ad valorem. On veined marble and marble of all other
descriptions, not otherwise provided for, in block, rough or squared, fifty
cents per cubic foot, and in addition thereto twenty per centum ad
valorem.

Mineral waters. On mineral or medicinal waters, or waters from springs impregnated
with minerals, for each bottle or jug containing not more than one quart,
three cents, and in addition thereto twenty-five per centum ad valorem ;
containing more than one quart, three cents for each additional quart,
or fractional part thereof, and in addition thereto twenty-five per centum
ad valorem.
On palm-leaf fans, one cent each.

Pipes, &o. On pipes, clay, common or white, thirty-five per centum ad valorem.

On meerschaum, wood, porcelain, lava, and all other tobacco-smoking
pipes and pipe-bowls, not herein otherwise provided for, one dollar and
fifty cents per gross, and in addition thereto seventy-five per centum ad
valorem.

On pipe-cases, pipe-stems, tips, mouthpieces, and metallic mountings
for pipes, and all parts of pipes or pipe fixtures, and all smoker's articles,
seventy-five per centum ad valorem.

On pen-tips and pen-holders, or parts thereof thirty-five per centum
ad valorem.

On pens, metallic ten cents per gross, and in addition thereto twenty-
five per centum ad valorem.
Soap. On soap, fancy, perfumed, honey, transparent, and all descriptions of

toilet and shaving soap, ten cents per pound, and in addition thereto
twenty-five per centum ad valorem.

On all soap not otherwise provided for, one cent per pound, and in ad-
dition thereto thirty per centum ad valorem.

On starch, made of potatoes or com, one cent per pound, and twenty
per centum ad valorem.

On starch, made of rice, or any other material, three cents per pound,
and twenty per centum ad valorem.

On rice, cleaned, two and a half cents per pound ; on uncleaned, two
cents per pound.

On paddy,, one cent and a half per pound.

Sec. 14. And be it further enacted, That on the entry of any vessel,
Decision of or of any goods, wares, or merchandise, the decision of the collector of
dS°tobe ftnaU customs at the port- of importation and entry, as to the rate and amount of
unless written duties to be paid on the tonnage of such vessel or on such goods, wares,
objections are or merchandise, and the dutiable costs and charges thereon, shall be final
g^en in ten an d conclusive against all persons interested therein, unless the owner,

master, commander, or consignee of such vessel, in the case of duties levied
on tonnage, or the owner, importer, consignee, or agent of the merchan-

THIRTY-EIGHTH CONGRESS. Sbss. L Or. 171. 1864 215

ilise, in the case of duties levied on goods, wares, or merchandise, or the Dedsion of Col^
costs and charges thereon, shall, within ten days after the ascertainment aQ]e ^ JLia/b
and liquidation of the duties by the proper officers of the customs, as well made to store-
in cases of merchandise entered in bond, as for consumption, give notice ^^^^j^?" 7
in writing to the collector on each entry, if dissatisfied with his decision, days,
setting forth therein, distinctly and specifically, the grounds of his objec-
tion thereto, and shall within thirty days after the date of such ascertain-
ment and liquidation, appeal therefrom to the Secretary of the Treasmy,
whose decision on such appeal shall be final and conclusive; and such
vessel, goods, wares, or merchandise, or costs and charges, shall be liable
to duty accordingly, any act of congress to the contrary notwithstanding,
unless suit shall be brought within ninety days after the decision of the and suit
Secretary of the Treasury on such appeal for any duties which shall have ^^ij^^L
been paid before the date of such decision on such vessel, or on such decision o^Secre-
goods, wares, or merchandise, or costs or charges, or within ninety days tary,
after the payment of duties paid after tbe decision of tbe secretary.
Arid no suit shall be maintained in any court for the recovery of any ^jiS^ 4 ^
duties alleged to have been erroneously or illegally exacted, until the de- 1^, &c
cision of the Secretary of the Treasury shall have been first had on such
appeal, unless said decision of the secretary shall be delayed more than
ninety days from the date of such appeal in case of an entry at any port
east of the Rocky Mountains, or more than five months in case of an entry
west of those mountains.

Sec/ 15. And be it further enacted, That the decision of the respective Decision ofcol-
collectors of customs as to all fees, charges, and exactions of whatever J^S^tobe
character, other than those mentioned in tbe next preceding section, final, unless, &&
claimed by them, or by any of the officers under them, in the performance
of their official duty, shall be final and conclusive against all persons inter-
ested in such fees, charges, or exactions, unless the like notice that an
appeal will be taken from such decision to the Secretary of the Treasury
shall be given within ten days from the making of such decision, and
unless such appeal shall actually be taken within thirty days from the
making of such decision ; and the decision of the Secretary of the Treas-
ury shall be final and conclusive upon the matter so appealed, unless
suit shall be brought for tbe recovery of such fees, charges, or exactions,
within the period as provided for in the next preceding section in regard
to duties. And no suit shall be maintained in any court for the recovery
of any such fees, costs, and charges, alleged to have been erroneously or
illegally exacted, until the decision of the Secretary of the Treasury shall
have been first had on such appeal, unless such decision of the Secretary
shall be delayed more than ninety days from, the date of such appeal in
case of an entry at any port east of tbe Rocky Mountains, nor more than
five months in case of an entry west of those mountains.

Sec. 16. And be it further exacted, That whenever it shall be shown Secretary of
to the satisfaction of the Secretary of the Treasury that, in any case of ^J 811 ^ to
unascertained duties, or duties or other moneys paid under protest and ap- ^ e xcess*o?
peal, as hereinbefore provided, more money has been paid to the collector, duties,
or person acting as such, than the law requires should have been paid, it
shall be the duty of tbe Secretary of the Treasury to draw his warrant
upon the treasurer in favor of the person or persons entitled to the over*
payment, directing the said treasurer to refund the same out of any money*
in the treasury not otherwise appropriated.

Sbc. 17. And be it further enacted. That a discriminating duty of ten Discriminating
per centum ad valorem, in addition to the duties imposed by law, shall be duty of ten per
levied, collected, and paid on all goods, wares, and merchandise which, on {^^^°fb r -
and after the day this act shall take effect, shall be imported in ships or eign vessels,
vessels not of the United States : Provided, That this discriminating jluty proviso,
•hall not apply to goods, wares, and merchandise which shall be imported,
on and after the day this act takes effect, in ships or vessels not of the

4

216 THIBTY-EIGHTH CONGRESS. SjesjsuL Cb. 171, 1864

United States, entitled, by treaty or any act or acts of congress, to be
entered in the ports of the -United States on payment of die same duties
as shall then be paid on goods, wares, and merchandise imported in ships
or vessels of the United States.
Ten per cent. § E c. 18. And be it further enacted, That on and alter the day and
goods grown east 7 ear this £ ct shall take effect there shall be levied, collected, and paid on
of Cape of Good all goods, wares, and merchandise of the growth or produce of countries
Hope, imported, east f lie Gape of Good Hope, (except raw cotton,) when imported from
Post, p. 408. places west of the Cape of Good Hope, a duty of ten per centam ad valorem,
in addition to the duties imposed on any such articles when imported di-
rectly from the place or places of their growth or production : Provided,
Bepeal of ^at section three of the act approved August five, eighteen hundred and
1861, ch. 45, § 3. sixty-one, entitled " An act to provide increased revenue from imports,
1862* <£" disiii t0 interest on the public debt, and for other purposes," and section
Vollxii. p. 667.' fourteen of the act approved July fourteen, eighteen hundred and sixty-
two, entitled " An act increasing temporarily the rates of duties on im-
ports, and for other purposes," be, and the same are hereby, repealed.
Goods in store Sec. 19. And be it further enacted, That all goods, wares, and me*,
to what duty^ 6 cHandise which may be in the public stores or bonded warehouses on the

day and year this act shall take effect shall be subjected to no other duty,
upon the entry thereof for consumption than if the same were imported re-
spect! vely after that day, and so much of the act of August sixth, eighteen
1846, ch, 84 hundred and forty-six, or any other act, as requires the sale of fire-crack-
VoU ix. p. 54. erS) or promote their deposit in bonded warehouse, is hereby repealed.
Resolution of Sec. 20. And be U further enacted, That the joint resolution " to in-
eiSct April 3?* crease temporarily the duties on imports," approved April twenty-ninth,

eighteen hundred and sixty-four, shall not be deemed to have taken effect
until after the thirtieth day of April, eighteen hundred and sixty-four,
Pub, Res. No* 27. and shall be and remain in force until and including the thirtieth day of
Post, p. 405. June, eighteen hundred and sixty-four, and any duties which shall have
been exacted and received, contrary to the provisions of this section, shall
be refunded by the Secretary of the Treasury.

Sec. 21. And be it farther enacted, That, during the period of one
Certain ma- year from the passage of this act, there may be imported into the United
free oTdutv'&c. States, free of duty, any* machinery designed for and adapted to the manu-
Pott, p. 494. facture of woven fabrics from the fibre of flax on hemp, including all the
preliminary processes requisite therefor; and that steam agricultural
machinery and implements may be imported free from duty for one year
from the passage of this act.
Repealing ' Sec 22. And be it further enacted, That all acts and parts of acts
clause. repugnant to the provisions of this act be, and the same are hereby, re-

pealed : Provided, That the existing laws shall extend to and be in force
Laws for col- f r the collection of the duties imposed by this act for the prosecution and
&cf tobe^nforce. P« n i snment of all offences, and for the recovery, collection, distribution,
*' and remission of all fines, penalties, and forfeitures, as fully and effectu-

ally as if every regulation, penalty, forfeiture, provision, clause, matter,
and thing to that effect in the existing laws contained, had be?n inserted
in and reenacted by this act : And provided, further, That the duties
Duties on upon all goods, wares, and merchandise imported from foreign countries

^iXv? ? 0t h pr th' not P 10 **^*! *° r * n ti" 8 act sna U be and remain as they were, according
vi ^ or y 18 to existing laws prior to the twenty-ninth of April, eighteen hundred and

sixty-four.

Importer at Sec. 23. And be it further enacted, That, on and after the day and
entry of goods, year this act shall take effect, it shall be lawful for the owner, consignee,
may add to their or agent of any goods, wares, or merchandise which shall have been actu-

r^J^^nnsi. a *ty P UPCnasea "i or procured otherwise than by purchase, at the time when
P. 4&E] he shall produce his original invoice, or invoices, to the collector, and

1799, cii. S3, § 36. make and verify his written entry of his goods, wares, and merchandise,

Vol. i- p. 653. " as provided by section thirty-six of the act of March two, seventeen him-

THIRTY-EIGHTH CONGRESS- Sbss. I. Ch. 171. 1864,

217

dred and ninety-nine, entitled " An act to regulate the collection of duties
on imports and tonnage," and not afterwards, to make such addition in the
entry to the cost or value given in the invoice as, in his opinion, may
raise the same to the true market-value of such goods, wares, and mer-
chandise in the principal markets of the country whence they shall have
been imported, and to add thereto all costs and charges which, under ex-
isting laws, would form part of the true value at the port where the same
may be entered, upon which the duties should be assessed. And it shall
be the duty of the collector, within whose district the same may be im- Collector to
ported, or entered, to cause the dutiable value of such goods, wares, and wewtotadntf-
merchandise to be appraised, estimated, and ascertained, in accordance |o^ a ue
with the provisions of existing laws. And if the appraised value thereof Additional
shall exceed, by ten per centum, or more, the value so declared on the |^ 8 if &^ ue **"
entry, then, in addition to the duties imposed by law on the same, there '
shall be levied, collected, and paid a duty of twenty per centum ad valo-
rem on such appraised value: Provided) That the duty shall not be Proviso,
assessed upon an amount less than the invoice or entered value, any law
of congress to the contrary notwithstanding: And provided, further,
That, on and after the day and year aforesaid, the eighth section of the -J^pea* «J
act entitled "An act reducing the duty on imports, and for other pur- voLix.Vi8*
poses," approved July thirty, eighteen* hundred and forty-six, and the act
amendatory thereof,^ approved March three, eighteen hundred and fifty- Yol. ii7p. 199.
seven, be, and the same are hereby, repealed.

Sec. 24. And be it further enacted, That in determining the valua- Actual value of
tion of goods imported into the United States from foreign coantries, ex- f^aTiart^
cept as hereinbefore provided, upon which duties imposed by any existing p Uce of shipment
laws are to be assessed, the actual value of such goods on shipboard at to be dutiable
the last place of shipment to the United States shall be deemed the duti- jj 0W ^

able value. . And such value shall be ascertained by adding to the value certained.
of such goods at the place of growth, production, or manufacture, the cost [Repealed,
of transportation, shipment, and transhipment, with all the expenses in- p* *94.]
eluded, from the place of growth, production, or manufacture, whether by
land or water, to the vessel in which shipment is made, to the United
States, the value of the sack, box, or covering of any kind, in which
such goods are contained, commission at the usual rate, in no case less
than two and one half per centum, brokerage, and all export duties, to-
gether with all costs and charges, paid or incurred for placing said goods
on shipboard, and all other proper charges specified by law.

Sec. 25. And be it further enacted, That so much of section twenty- Duty on pbito-
three of the act entitled « An- aci to provide for the payment of out- *£P h J°£ gJ^JJ;
standing treasury notes, to authorize a loan, to regulate and fix the leges. *
duties on imports, and for other purposes," approved March two, eighteen
hundred and sixty-one, as exempts from duty all philosophical apparatus Vol/xii* p.m.*
and instruments imported for the use of any society incorporated for phil-
osophical, literacy, or religtoua purposes, or for the encouragement of the
fine arts, or for the use, or by the order of any college, academy, school,
or seminary of learning in the United States, is hereby repealed.
And the same shall be subject to a duty of fifteen per centum ad
valorem.

Sec. 26. And be it further enacted. That when any cask, barrel, car- Casks, &c, ex-
boy, or other vessel of American manufacture, exported or sent out of the PortedftO* and
country, filled with the products of the United States, shall be returned % bTfree^rSSy.
to the United States empty, the same shall be admitted free of duty,
under such rules and regulations as may be prescribed by the Secretary
of the Treasury.

^ Ssc r 27. And be' it further enacted, That on and after January first, Invoices of im-
eighteen hundred and sixty-five, the invoices of all goods, wares, and P 01 ^ t0 | J* made
merchandise, imported into the United States, shall be made out in the weight?
weights or measures* of the country or place from which the importations measures, &c
vol. xiu. Pub.— 19

218

THIRTY-EIGHTH CONGRESS.- Sess. I. Ch. 172.. 1864.

Officers of cus-
toms, &c, ap-
pointed to cany
into effect certain
licenses, to have
91000 a year ad-
ditional.
186L ch. 3, § 5.
Vol. xii. p. 257.

Proviso.

Personal ef-
fects, luggage.

shall 'be made, and shall contain a true statement of the actual weights or
measures of such goods, wares, and merchandise, without any respect to
the weights or measures of the United States.

Sec* 28. And be it further enacted, That in all cases where officers
of the customs, or other salaried officers of the United States, shall be, or
shall have been, appointed by the Secretary of the Treasury, to carry
into effect the licenses, rules, and regulations provided for by the fifth
section of the act of the thirteenth of July, eighteen hundred and sixty-
one, entitled " An act further to provide for the collection of duties on im-
ports, and for otijer purposes," such officer of the United States shall be
entitled to receive one thousand dollars per annum for his services, under
the act aforesaid, in addition to his salary or compensation under any
other law : Provided, That the aggregate compensation of any such offi-
cer shall notfexceed the sum of five thousand dollars in any one year*

Sec. 29. And be it farther enacted, That any baggage or personal
effects arriving in the United States in transit to any foreign country, may
be delivered by the parties having it in charge to the collector of customs,
to be by him retained, without the payment- or exaction of any import
duty, and to be delivered to such parties on their departure for their
foreign destination, under such rules, regulations, and fees as the Secre-
tary of the Treasury may prescribe*

Approved, June 30, 1864

Ju ne 80, 1864. Cbap* CLXXXL — An Act to provide Wage arid Means for tke Support of the Govern-
"1865, ch. fc2. ment > atdfw ^her Purposes,

Ppjd* Pj* *J: Be it enacted by the Senate and Some of Representatives of the United

Postl p. 468.* States of America in Congress assembled, That the Secretary of the Treas-

Secretaiy of ury be, 1 and he is hereby, authorized *© borrow, from time to time, on the
h o^w i400?6oo - X5re ^^ fc °^ tne United States, four hundred millions of dollars, and to issue
000, and issue '* therefor coupon or registered bonds of the United* States, redeemable at
bonds, &c the pleasure of the government, after any period not less than five, nor

When redeem- more than thirty, years* or, if deemed expedient, made payable at any
A period not more than forty years from date. And said bonds shall be of

Denominations, such denominations as the Secretary of the Treasury shall direct, not less
than fifty dollars, and bear an annual interest not exceeding six per

Interest semi- centum, payable semi-annually in coin. And the Secretary of die Treas-
an " ual |J52^" nry may dispose of such bonds, or any part thereof, and of any bonds
maybe disposed commonly known as five-twenties remaining unsold, in the United States,
of. or if he shall find it expedient, in Europe, at any time, oh such terms as

he may deem most advisable, for lawful money of the United States, or,

All obligations at his discretion, for treasury notes, certificates of indebtedness, or certifi-
rfthe United cates of deposit issued under any act of congress. And all bonds, treas-
emptfrom taxa" ur 7 notes, and other obligations of the United States shall be exempt from
tion. taxation by 6r under state or municipal authority*

Secretary may Sec 2. And be it fwrtlier enacted, That the Secretary ot ine Treas-

^rf^loan 1 urv ^7 is8ue on tne credifc of the United States, and in lieu of an equal

$200,000,00^, amount °of bonds authorized by the preceding section, and as a part of said

treasury notes. ) oan ^ no t exceeding two hundred millions of dollars, in treasury notes of

Denomination any denomination not less than ten dollars, payable at any time not ex-

ab£. Wnen V* y ~ ceeding three years from date, or, if thought more expedient, redeemable

at any time after three years from date, and bearing interest not exceed-

Interest pav- ing the rate of seven and. three tenths per centum, payable in lawful

able |n lawful money at maturity, or, at the discretion of the secretary, semi-annually*

m How* may be ^ n< * tne treasury notes may be disposed of by the Secretary of the

disposed of. Treasury, on the best terms tha$ can be obtained, for lawful money ; and

How far to be such of them as shall be made payable, principal and interest, at maturity,

legal tender. sna }| ^ e a legal tender to the same extent as United States notes for their

face value, excluding interest, and may be paid to any creditor of the

TB5RTY-EIGHTH CONGEESS- Sess. L Ch. 171 1864.

219

United States at their face value, excluding interest, or to any creditor
willing to receive them at par, including interest ; and any treasury notes
issued under the authority of this act may be made convertible, at the Treasury notes
discretion of the Secretary of the Treasury, into any bonds issued un- ^^^^W 6
der the authority of this act And the Secretary of the Treasury may
redeem and cause to be cancelled and destroyed any treasury notes or
United States notes heretofore issued under authority of previous acts
of congress, and substitute, in lien thereof, an equal amount of treasury to substi-
notes such as are authorized by this act, or of other United States notes : j^vioul Issues?
Provided, That the total amount of bonds and treasury notes authorized Amount of
b]r the first and second sections of this act shall not exc&d four hundred JjJJ* JJ^* 68
millions of dollars, in addition to the amounts heretofore issued ; nor shall $400,000,000;
the total .amount of United States notes, issued or to be issued, ever exceed of notes not to
four hundred millions of dollars, and such additional sum, not exceeding exceed > &B *
fifty millions of dollars, as may be temporarily required for the redemp-
tion of temporary loan : nor shall any treasury note bearing interest, is- . Interest-bear-
sued under this act, be a legal .tender in payment or redemption of any {KffiK?*
notes issued by any bank, banking association, or banker, calculated or demotion ofcir-
intended to circulate as money. culation of banks.

Sec. 3. And be it further enacted) That the interest on all bonds here- . ^ t *^f 8t of fnrtt
tofore issued, payable annually, may be paid semi-annually ; and in lieu
of such bonds authorized to be issued, the Secretary of the Treasury may paid semi-aium-
issue bonds bearing interest, payable semi-annually. And he may also aU * v -
issue in exchange for treasury notes heretofore issued bearing -seven and . ""^
three tenths per centum interest, besides the six per centum bonds hereto- change forseven
fore authorized, like bonds of all the denominations in which such treasury and three-tenths
notes have been issued ; and the interest on such treasury notes after note8 *
maturity shall be paid in lawful money, and they may* be exchanged for
such bonds at any time within three months from the date of notice of
redemption by the Secretary of the Treasury, after which the interest on
such treasury notes shall cease. And so much of the law approved March Rep**! of J^t
third, eighteen hundred and sixty-four, as limits the loan authorized there- f.^nte^ U?
in to the current fiscal year, is hereby repealed ; and the authority of the *
Secretary of the Treasury to borrow money and issue therefor bonds or
notes conferred by the first section of the act of March third, eighteen of 1868, ch. 73,
hundred and sixty-three, entitled " An act to provide ways and means for M*. „
the support of the government,' 1 shall cease on and after the passage of * p *
this act, except so far as it may effect seventy-five millions of bonds
already advertised.

. Sec. 4 And be it further enacted, That the Secretary of the Treasury Secretary of
may authorize the receipt, as a temporary loan, of United States notes or ^^ 8 £7 mayre "
the notes of national banking associations on deposit for not less than thirty fo^. emporary
days, in sums of not less than fifty dollars, by any of the assistant treasu-
rers of the United States, or depositories designated for that purpose, other
than national banking associations, who shall issue certificates of deposit Certificates of
in such form as the Secretary of the Treasury shall prescribe, bearing ^Jd tibe^r.**"
interest not exceeding six per centum annually, and payable at any time When payable,
after the term of deposit, and after ten days* subsequent notice, unless time and interest,
and notice be waived by the Secretary of the Treasury ; and the Secretary
of the Treasury may increase the interest on deposits at less than six per
centum to that rate, or, on ten days' notice to depositors, may diminish the
rate of interest as the public interest may requjre ; but the aggregate of Aggregate not
such deposits shall not exceed one hundred and fifty millions of dollars ; t0 tJWerf > &e -
and the Secretary of the Treasury may issue, and shall hold in reserve for Reserve for
payment of such deposits, United States notes not exceeding fifty millions their ? a ^ ment -
of dollars, including the amount already applied in such payment ; and
the United States notes, so held in reserve, shall be used only when
needed, in his judgment, for .the prompt payment of such deposits on
demand, and shall be withdrawn and placed again in reserve as the amount
of deposits shall again increase.

70S.

no

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 172. 1864

Fractional car* Seo. 5* And be it farther enacted^ That the Secretary of the Treasury
sttTt^att^^ may issue notes of the fractions of a dollar as now used for currency, in
amount not over 8QCQ f<> rm > with such inscriptions) and with such safeguards against coun-
950,000,000. terfeiting, as he may judge best, and provide for the engraving and prep*

oration, and for the issue of the same, as well as of all other notes and
bonds, and other obligations, and shall make such regulations for the
redemption of said fractional notes and other notes when mutilated or
-defaced, and for the receipt of said fractional notes in payment -of debts to
the United States, except for customs, in such sums, not over five dollars,
as may appear to him expedient ; and it is hereby declared that all laws
and parts of laws applicable to the fractional no£es engraved and issued
as herein authorized, apply equally and with like force to all the fractional
notes heretofore authorized, whether known as postage currency, or other-
wise, and to postage-stamps issued as currency ; but the whole amount of
all descriptions of notes or stamps less than one dollar issued as currency,
shall not exceed fifty millions of dollars.
Coupon and Seo. 6. And be it further enacted, That the coupon and registered
to^e^f what bonds shall be in such form and bear such inscriptions as the Secretary
form and how of the Treasury may direct, and shall be signed by the register of the
signed. treasury, or for the register, by such person or persons as may be spe-

cially designated for that purpose by the Secretary of the Treasury, and
Seat. shall beaf, as evidence of lawful issue, the imprint of the seal of the Treas-

ury Department, to be made under the direction of the Secretary of the
Where to be Treasury, in a room set apart especially and exclusively for that purpose,
made, under the care of some person appointed directly by him. And the cou-

Conpons. p 0n8 attached to such bonds shall bear the engraved signature of the
register of the treasury, and such other device or safeguard against
counterfeiting as the secretary may approve ; and it is hereby declared
Former bonds that all bonds hereto[fojre issued, bearing the signature of the register,
made valid. shall have the same force, effect, and validity as if signed also by the

treasurer, and all bonds bearing the signature of the register, erroneously
described as treasurer of the United States, shall have the same force,
effect, and validity, as if his official designation had been correctly stated i
and all coupons bearing the engraved signature of the register of the
treasury in office at the time when* such signatures were authorized and
engraved, shall nave full force, validity, and effect, notwithstanding such
register may have subsequently ceased to hold office as such, when issued
in connection with bonds duly authorized and signed by or for the suc-
cessor or successors of said register* ' And the treasury notes and United
States notes authorized by this act shall be in such form as the Secretary
Form, &c., of of the Treasury shall direct, and shall bear the written or engraved signa-
treasury notes, tures of the treasurer of the United States and the register of the treas-
ury, and shall have printed upon them such statements, showing the
amount of accrued or accruing interest and the character of the notes, as
the Secretary of the Treasury may prescribe ; and shall bear, as a further
evidence of lawful issue, the imprint of the seal of the Treasury Depart-
ment, to be made under the direction of the Secretary of the Treasury, as
before directed.

Registered 'Sbc. *7. And be it further enacted. That the Secretary of the Treasury
ltt'edio 1 *? is hereby authorized to issue, upon such terms and under such regulations
u r coupon. fls Qe roav £^ m tmie f time, prescribe, registered bonds in exchange for,

and in lieu of, any coupon bonds which have been or may hereafter be
lawfully issued ; such registered bonds to be similar in all respects to the
registered bonds issued under the acts authorizing the issue of the coupon
Mutilated, de- bonds offered for exchange. And for all mutilated, defaced, or indorsed
faced, &c, bonds, ^apon or other bonds presented to the department, the Secretary of the

Treasury is authorized to issue, upon terms and under regulations as
aforesaid, and in substitution therefor, other bonds of like or equivalent
issues*

THIRTY-EIGHTH CONGRESS. Sbss. L . Ch. 172. 1864 221

Sec* 8* And be it further enacted, That the Secretary of die Treasury Instructions,
is hereby authorized and required to make and issue, from time to time, %^£^diMr
Such instructions, rules, and regulations, to the several collectors, re- or^preparing^T
ceivers, depositaries, officers, and others, who may receive treasury notes, S. note*, &c
United States notes, or other securities in behalf of the United States, or
-who may be in any way engaged or employed in the* preparation and
issue of the same, as he shall deem best calculated to promote the public
convenience and. security, and to protect the United States, as well as in-
dividuals, from fraud and loss.

Sec. 9* And be it further enacted* That the necessary expenses of en- Expenses of
graving, printing, preparing, and issuing the United States notes, treas- E^^|££ d **"
ury writes, fractional notes, and bonds, hereby authorized, and of dispos- noSs, a^how
ing of the same to subscribers and purchasers, shall be paid out of any Woe;
money in the treasury not otherwise appropriated ; but the whole amount
thereof shall not exceed one per centum on the amount of noies and not to exceed
bonds issued. one per cent

Sec. 10. And be & further enacted, That if any person or persons Penalty for

falsely made, forged, counterfeited, or altered, any obligation or security securities i
of the United States, or shall pass, utter, publish, or sell, or attempt to
pass, utter, publish, or sell, or shall bring into the United States from any
foreign place with intent to pass, utter, publish, or sell, or shall have or &r uttermg.
keep in possession, or conceal, with intent to utter, publish, or sell, any n^tar^'
such false, forged, counterfeited, or altered obligation, or other security, ' '
with intent to deceive or defraud, or shall knowingly aid or assist in any
of the acts aforesaid, every person so offending shall be deemed guilty of
felony, and shall, on conviction thereof, be punished by fine not exceed-
ing five thousand dollars, and by imprisonment and confinement at hard
labor not exceeding fifteen years, according to the aggravation of the
offence.

Sec. 11. And be it further enacted, That if any person having con- for using plates
trol, custody, or possession of any plate or plates from which any obliga- Jj^o^sa&r.
tion or other security, or any part thereof, shaH have been printed, or fty.
which may have been prepared by direction from the Secretary of the
Treasury, for the purpose of printing any such, obligation or other secur-
ity, or any part thereof, shall use such plate or plates, or knowingly
suffer the same to be used for the purpose of printing any such or
similar obligation, or other security, or any part ther $f, except such
as shall be printed for the use of the United States, by order of the
proper officer thereof; or if any person shall engrave, or cause or pro- for engraving
cure to be engraved, or shall aid or assist in engraving any plate or plates,^,
plates in the likeness or similitude of any plate or plates designed for the
printing of any such obligation or other security, or any part thereof, or
shall vend or sell any such plate or plates,, or shall bring into the United
States from any foreign place any such plate or plates, except under the
direction of the Secretary of the Treasury or other proper officer, or
with any other intent, or for any other purpose, in either case, than that
such plate or plates shall be used for the printing of such notes, bond's*
coupons, or other obligations or securities, or some part or parts thereof,
for the use, of the United States, or shall have in his control, custody, or
possession, any metallic plate engraved after* the similitude of any plate
from Which any such obligation or ojher security, or any part or parts
thereof shall have been, printed, with intent to use such plate or plates*
or* cause or suffer the same to be used in forging or counterfeiting any
such obligation or other security, or any part or parts thereof, or shall
have to his' custody or possession, except under authority from the Secre-
tary of the Treasury, or. other proper officer, any obligation or other
security>*engrayeil and- printed after the similitude of any obligation or

other security issued under the authority of the United States;, with in-

19*

222

THIRTY-EIGHTH CONGRESS. Sess- L Ch; 172. 1864.

tent to sell or otherwise use the same ; or if any person shall print, photo-
. Penalty graph, or in any other manner make or execute, or cause to be- printed,
pboto^^feng photographed, or in any manner made or executed, or shall aid in print-
notes, &c; ing, photographing, making, or executing any engraving, photograph, or

other print or impression in the likeness or similitude of any obligation or
other security, or any part or parts thereof, or shall yend or sell any such
engraving, photograph, print, or other impression, except to the United
for bringing in- States, or shall bring into the United States from any foreign place any
St^SSpbo- Sl,cn e °gr*™S> photograph, print, or other impression, except by the
tograplied, direction of some proper officer of the United States, or shall have or
notes; retain in his custody or possession, after a distinctive paper shall have

been adopted by the Secretary of the Treasury for obligations and other
securities of the United States, any similar paper adapted to the making
of any such obligation or other security, except under authority of the
Secretary of the Treasury, or some other proper officer of the United
States, every person so offending shall be deemed guilty of ft felony, and
shall, on conviction thereof, be punished by fine net exceeding five
thousand'dollars, or by imprisonment and confinement at hard labor, not
exceeding fifteen years, or by both, in the discretion of the court,
for retaining Sec. 12. And be it further enacted. That if any person shall have or
plates, &c., with- retain in his or her custody, possession, or control, without the written
out authority j autnor jty r warrant of the Secretary of the Treasury, or of the comp-
troller of the currency, approved by the Secretary of the Treasury, any
engraved or transferred plate, block, or electrotype, or any die, roll, or
other original work used in making or preparing any plate, block, or
electrotype, or any plate, block, or electrotype prepared or made after
the similitude of any plate, block 1 , or electrotype, from which any
obligation or other security authorized to be issued by any act of
for using plates, congress, or any part thereof has been, or may hereafter be, printed,
j|j^wanter- r; shall use, or cause, or knowingly suffer, the same to be used, in
s * forging or counterfeiting any such obligation or other security, or
shall print, or cause to be printed, any bronzed or gilt letters or devices,
or shall print, or cause to be printed, any letters, figures, or devices with
green ink, or any green color or pigment, upon any note, bond, or other
representative of value, intended or adapted to be used as a currency or
a circulatingmedium, every such person, being thereof convicted by due
course of law, shall be deemed guilty of felony, and shall be^imgrisoned
and kept at hard labor for a term not more than ten years, and-Jjned in a
Pending prose- sum not more than ten thousand dollars : Provided, That nothing in this
cutioDs under for- -j| Ct gna n affect any prosecution pending, or any civil or criminal liabilities
fected. ao a " incurred under any former act: Provided, further, That the foregoing
Proviso. provisions of this section shall not be held or construed to deprive any
person of the right to retain in his custody and possession and use for any
lawful purpose, any engraved or transferred plate, block, or electrotype, or
any die, roll, or other original work as aforesaid, which had been used by
him in printing or engraving bank-notes or other obligations, before being
used in printing any obligation or other security authorized to be issued by
any act of congress ; nor shall any of said foregoing provisions be held or
construed to prohibit or restrain the lawful use by any person of any ink,
color, or pigment, the exclusive right to which has been secured to any
such person by letters-patent which are still in force.

Sso. IB. And be it further enacted, . That the words u obligation or
g."X- <>*f <* ™«f States," used in this act, shall be held to in-

security, &c*," to elude and mean all bonds, coupons, national currency, United States
include what, notes, treasury notes, fractional notes, cheeks for money of authorized

officers of the United States, certificates of indebtedness, certificates of
deposit, stamps, and other representatives of value of whatever denomi-
nation, which have J>een or may be issued under any act of congress.
Approved, June 80, 1864

THIRTY-EIGHTH: CONGRESS. . Sbss. L Ch. 178* 1864

223

Chap. CLXXIII. — An Act to provide Internal Revenue to support the Government, to June 30, 1864.

pay Interest on the Public Debt, and for other Purposes* ch. 73.

Be it enacted by the Senate and Mouse of Representatives x>f the United
States of America in Congress assembled, That, for the purpose of super- Post] p. '459!
intending the collection of internal duties, stamp duties, licenses, or taxes, .Cj^^toner
imposed by this act, or which may hereafter be imposed, and of assessing noe< wy
the same, the commissioner of internal revenue, whose annual salary shall Salary,
be four thousand dollars, shall be charged, under the direction of the
Secretary of the Treasury, with preparing all the instructions, regula- Duty,
dons, directions, forms, 'blanks, stamps, and licenses, and distributing the
same, or any part thereof, and all other matters pertaining to the assess-
ment and collection of the duties, stamp duties, licenses, and taxes which
may be necessary to carry this act into effect, and with the general super-
intendence of his office, as aforesaid, and shall have authority, and hereby Authority,
is authorized and required, to provide cotton marks, hydrometers, and
proper and sufficient adhesive stamps, and stamps or dies for expressing
and denoting the -several stamp duties, or the amount thereof in the case
of percentage dudes, imposed by this act, and to alter and renew or re-
place such stamps, from time to time, as occasion shall require. He
may also contract for or procure the printing of requisite forms, decisions, Printing,
regulations, and advertisements ; but the printing of such forms, decisions,
and regulations shall be done at the public printing-office, unless the pub-
lic printer shall be unable to perform the work. And the Secretary of
the Treasury may, at any time prior to the first day of July, eighteen
hundred and sixty-five, assign to the office of the commissioner of internal
.revenue such number of clerks as he may deem necessary, or the exigen- Clerks,
cies of the public service may require ; and the privilege of franking all Franking priv-
' letters and documents pertaining to the duties of his office, and of receiv- flese '
ing free of postage all £ach letters and documents, is hereby extended to
said commissioner*

GENERAL PROVISIONS.

Sec. 2. And be it further enacted, That it* shall be the duty of the
commissioner of internal revenue to pay over daily to the treasurer of the Commissioner
United States all public moneys which may come into his possession, for to pay °™« v ^
which the treasurer shall give proper receipts and keep a faithful account ; money8 y;
and at the end of each month the said commissioner shall render true and to render ac-
faithful accounts of all public moneys -received or paid oat, or paid to the counts,
treasurer of the United States, exhibiting proper vouchers therefor, and
the same shall be received and examined by the fifth auditor of the treas-
ury, who shall thereafter certify the balance, if any, and transmit the ac-
counts, with the vouchers and certificate, to the first comptroller for his
decision thereon ; and the said commissioner, when such Accounts are
settled as herein provided for, shall transmit a copy thereof to the Secre-
tary of the Treasury* lie shall at all times submit to the Secretary of
the Treasury and the comptroller, or either of them, the inspection of
moneys in his. hands, and shall, prior to the entering upon the duties of
his office, execute a bond, with sufficient sureties, to be approved by the Bond.
Secretary of the Treasury and by the first' comptroller, in a sum of not
less than one hundred thousand dollars, payable to the United States, con-
ditioned that said commissioner shall faithfully perform the duties of his
office according to law, and 6hali justly and faithfully account for and pay
over to the United States, in obedience to law and in compliance with the
order or regulations of the Secretary of the Treasury, all public moneys
which may come into his hands or' possession, and for tfre safe-keeping
and faithful account of all stamps, adhesive stamps, or vellum, parchment
or paper bearing a stamp denoting any duty thereon, which bond shall be
filed in the office of the first comptroller of the treasury. 4?d such

224

THIRTY-EIGHTH CONGRESS. Sbss. L Ch. 178* 1864.

commissioner sball 5 from time to time* renew, strengthen, and increase bis
official bond, as the Secretary of the Treasury may direct
Deputy com- .Sec* 8. And be it further enacted, That the deputy commissioner of
"IsdOT and internal revenue, whose annual salary' shall be twenty-five hundred dol-
^eaiaiy shall be charged with such duties in the bureau of internal revenue

as may be prescribed by the Secretary of the Treasury, or as may be re-
quired by law, and shall act as commissioner of internal revenue in the
absence of that officer, and exercise the privilege of franking all letters
and documents pertaining to the office of internal revenue.

Sbo. 4. And be it further enacted, That the Secretary of the Treasury
Revenue may appoint not exceeding five revenue agents, whose duties shall be,
2f&. ^ toe direction of the Secretary of the Treasury, to aid in the pre-
PosL p. 469. vention, detection^ and punishment of frauds upon the internal revenue,
and in the enforcement of the collection thereof who shall be paid, in ad-
dition to the expenses necessarily incurred by them, such compensation
as the Secretary of the Treasury may deem just and reasonable, not ex-
ceeding two thousand dollars per annum. The above salaries to be paid
in the same manner as are other expenses for collecting the revenue.
Seo. 5. And be it further enacted, That the Secretary of the Treasury
Inspectors. may appoint inspectors in any assessment district where m his judgment
it may be necessary for .the purposes of a proper enforcement of the in-
ternal revenue laws or the detection of frauds, and such inspectors and
revenue agents aforesaid shall be subject to the rules and regulations of
the said secretary, and have all the powers conferred upon any other
officers of internal revenue in making any examination of persons, books,
and premises which may be. necessary in the discharge of the duties of
Fay* their office. And the compensation of such inspectors shall be fixed and

paid for such time as they may be actually employed, not exceeding four
dollars per day, and their just and proper travelling expenses.
Cashier of inter- Sec. 6. And be it further enacted, That the cashier of internal duties,
nal revenue, who snail hereafter be called cashier of internal -revenue, and whose an-
^Sdaiy, duty, naa j g^ry gfoafl De twenty-five hundred dollars, shall perjbrm such duties

as' may be assigned to Ms office by the commissioner of internal revenue,
under the regulations of the Secretary of the Treasury, and shall give a
bond, with sufficient sureties, to be approved by the Secretary of the
Treasury and by the solicitor, that he will faithfully account for all the
moneys or other articles of value belonging to the United States which
may come into his hands, and perform all the duties enjoined upon his
office, according to law and regulations, as aforesaid ; which bond shall be
deposited with the first comptroller of the treasury* .
Act of 1862, Sbo. 7. And be it farther enacted, That the second section of an act
xemain'in force ^titled " An act to provide internal revenue to support the government
Vol. xli. p. 433. »nd to pay interest on the public debt," approved July one, eighteen hun-
CoUection did- dred and sixty-two, shall remain and continue in full force; and the
aatere^ ybe President is hereby authorized to alter the respective collection districts

provided for in said section as the public interests may require.
Assessment Sso. 8. And be it further enacted, That each assessor shall divide his
districts. district into a convenient number of assessment districts, which may be

changed as often as may he deemed necessary, subject to such regulations
and limitations as may be imposed by the commissioner of internal rev-
enue, within each of which the Secretary of the Treasury, whenever
JFott, p. 469. there shall be a vacancy or the public interest shall require, shall appoint,
Assistant asses- with the approval of the said commissioner, one .assistant assessor, who
sorjfor each <He- a pg^d^ f the district of said assessor ; and in case of atfa-

Vacancy. cancy occurring in the office of assessor by reason of death or any other
cause, the assistant assessor of the assessment district in which the as-
sessor resided at the time of the vacancy occurring shall act as assessor
until an appointment filling (he vacancy shall.be made. And each assessor
and assistant assessor so appointed Bhall, before he enters on the duties of

THIRTY-EIGHTH CONGRESS* .Sess. L Ch. 173. 1864

225

bis office, take and subscribe, before some competent magistrate, or some Assessors,
collector, to be appointed by virtue of this act, (who is hereby empower^
to administer the same,) the following oath or affirmation, to wit : * I, f Oath.
A B, do swear (or affirm, as the case may be) that I will bear true faith
and allegiance to the United States of America, and will support the Con-
stitution thereof, and that I will diligently and faithfully perform the
duties of assessor (or assistant assessor) for (naming the assessment dis-
trict) according to my best skill and judgment." And a certificate of
such oath or affirmation shall be delivered to the collector of the district
for which such assessor or assistant assessor shall be appointed.

Sec* 9. And be it further enacted, That before any collector shall en- Collector's
ter upon the duties of his office, he shall execute a bond for such amount * ><md '
as shall be prescribed by the commissioner of internal revenue, under the
direction of the Secretary of the Treasury, with not less than five sure**
ties, to be approved by the solicitor of the treasury, conditioned that said
collector shall faithfully perform the duties of his office according to law,
and shall justly and faithfully account for and pay over to the United
States, in compliance with the order or regulations of the' Secretary of the
Treasury, all public moneys which may come into his hands or possession ;
which bond shall be filed in the office of the first comptroller of the treas-
ury* And such collector shall, from time to time, renew, strengthen, and
increase his official bond, as the Secretary of the Treasury may direct,
with such further conditions as the said commissioner shall prescribe. ~

Sec. 10. And be it further enacted. That each collector shall be author* Deputy colleo*
ized to appoint, by an instrument of writing under his hand, as many teMU
deputies as he may think proper, to be by him compensated for their ser-
vices, and also to revoke any such appointment, giving such notice thereof
as the commissioner of internal revenue shall prescribe ; and may require
bonds or other securities, and accept the same from such deputy; and
each such deputy shall have the like authority, in every respect, to collect
the Katies and taxes levied or assessed within the portion of the district
assigned to him which is by this act vested m the collector himself; but
each collector shall, in every respect, be responsible both to the United Collector re-
States and to individuals, as the case may be, for all moneys collected, JS? 8 *}® acts
and for every act done by any of his deputies whilst acting as -such, and epu ^"
for every omission of duty.

Sec. 11. And be it further enacted, That it shall be the duty of any Persons liable
person, partnership, firm, association, or corporation, made liable to any ^tt^^assto-
duty, license, stamp, or tax imposed by law, wTien not otherwise provided ant assessor,
for, on or before the first Monday of May in each year, and in other cases
before the day of levy, to make a list or return, verified by oath or affir-
mation, to the assistant assessor of the district where located, of the amount
of annual income, the articles or objects charged with a special -duty or
tax, the quantity of goods, wares, and merchandise made or sold, and
charged with a specific or ad valorem duly or tax, the several rates and
aggregate amount, according to the respective provisions of this act, and
according to the forms and regulations to be prescribed by the commis-
sioner of internal revenue, under the direction of the Secretary of the
Treasury, for which such person, partnership^firm, association, or corpo-
ration is liable to be assessed.

Sec. 12. And be it further enacted, That the instructions, regulations, Instructions of
and directions, as hereinbefore mentioned, shall be binding on each as- S?S?? l<mer
sessor and his assistants, and on esteh collector and his deputies, and on all assessor
other persons, in the performance of the duties enjoined by or under this *
act ; pursuant to which instructions the said assessors shall, on the first
Monday of May in each year, and from time to time thereafter, in accord-
ance with this act, direct and catute the several assistant assessors to pro- Assistant assess*
ceed through every part of their respective districts, and inquire after and ^©^S^aftJ
concerning all persons being within the assessment districts where they enumerate and

226 THIBTY-EIGHTH CONGRESS. Sess.I. Ch. 173. 1864

k

•value objects of respectively reside, owning, possessing, or having the care or management
taxation. f anY property, goods, wares, and merchandise) articles or objects liable

to pay. any duty, stamp, or tax, including all persons liable to pay a license
or other duty, under die provisions of this act, and to make a list of the
owners, and to value ana enumerate the said objects of taxation respec-
tively, by reference to any lists .of assessment or collection taken under
the laws of the respective states, to any other records or documents, to the
written list, schedule, or return required to be made out and delivered to
the assistant assessor, -and by all other lawful ways and means, in the
manner prescribed by this act, and in conformity with the regulations and
instructions before mentioned.

Seck IS* And he U further enacted, That if any person liable to pay
se^w^make doty or tax, or owning, possessing, or having the care or management
lists where own* of property, goods, Wares, and merchandise, articles or objects liable to
era neglect, but pay any duty, tax, or license, shall fail to make and exhibit a list or return
"i* * 086 * required by law, but shall consent to disclose the particulars of any and

all the property, goods, wares, and merchandise, articles and objects liable
to pay any duty or* tax, or any business or occupation liable to pay any
license, as aforesaid, then, and in that case, it shall be the duty of the
officer to make such list or return, which being distinctly read, consented
to, and signed and verified by oath or affirmation by the person so own-
ing, possessing, or having the care and management as aforesaid, may be
received as the list of such person.
Persons absent Sec 14* And be it farther enacted. That in case any person shall be
w^n assessors absent from his or her residence or place of business at the time an assist-
j^Jr* 8611 ant assessor shall call to receive the annual list or return, it shall be the

duty of such assistant assessor to leave at such place of residence or busi-
ness, with some one of suitable age and discretion, if such be present,
otherwise to .deposit in the nearest post-office, a note or memorandum,
addressed to such person, requiring him or her to present .to such assessor
the list or return required by law within ten days from the date of such
note or memorandum, verified by oath or affirmation. And if any person,
If persons neg- on being notified or required as aforesaid, shall refuse or neglect to give
Jj^^rmake sucn ^ or return within the time required as aforesaid, or if any person
felse ones, asses- shall not deliver a monthly or other list or return without notice at the
sor to summon, time required by law, or if any person shall deliver or disclose to any

assessor or assistant assessor any list, statement, or return, which, in the
opinion of the assessor, is false or fraudulent, or contains any understatement
or undervaluation, it shpll be lawful for the assessor to summon such per-
son, his agent, or other person having possession, custody, or care of books
of account containing entries relating to the trade or business of such per-
son, or any other persons as he may deem proper, to appear before such
assessor and produce such book, at a time and place therein named, add
to give testimony or answer interrogatories under oath or affirmation
respecting any objects liable to duty or tax as aforesaid, or the lists, state-
ments, or returns thereof, or any trade, business, or profession liable to
any tax or license as aforesaid. Such summons may be served by any as-
Penalty for re- sistant assessor of the district. In case any person so summoned shall neg-
lect or refuse to obey such summons according to its exigency, or to give
testimony, or to answer interrogatories as required, it shall be lawful for
the assessor, upon affidavit proving the facts, to apply to the judge of the
district court, or a commissioner authorized to perform the duties of such
Arrest for con* judge at chambers, for an attachment against such person as for a con-
tem P t# tempt It shall be the duty of such judge or commissioner to hear such

application, and, if satisfactory proof be made, to issue an attachment
directed to some proper officer for the arrest of such person, and upon his
being brought before him to proceed to a hearing of the case, and upon
such hearing the judge or commissioner shall have power to make such
order as he shall deem proper to enforce obedience to the requirements of

THIRTY-EIGHTH CONGRESS. Sxss. L Ch. 173. 1864.

227

ike summons and punish such person for his* default or disobedience. It
shall be the duty of the assessor or assistant assessor of the district within Assessors to
which such person shall hare taxable property to enter into and upon the m * ke ^ aDd
premises, if it be necessary, of such person so refusing or neglecting, or 888688 u ***
rendering a false or fraudulent list or return, and to make, according to
the best information which he can obtain, including that derived from the
evidence elicited by the examination of the assessor, and on his own view
and information, such list or return, according to the form prescribed, of
the- property, goods, wares, and merchandise, and all articles or objects
liable to duty or tax^ owned or possessed or under the care or manage-
ment of such person, and assess the duty thereon, including the amount,
if any, due for license and income ; and in case of the return of a false or Additions for
fraudulent list or valuation, he shall add one hundred per centum to such Jjj ^S£c^^»
duty ; and in case of a refusal or neglect, except in cases of sickness or mai^e Lsts, &c.
absence, to make a Qst or return, or to verify the same as aforesaid, he
shall add fifty per centum to such duty ; and in case of neglect occasioned Post, p. 469.
by sickness or absence as aforesaid, the assessor may allow such farther
time for making and delivering such lrst or return as he may judge neces-
sary, not exceeding thirty .days ; and the amount so added to the duty
shall, in all cases, be collected by the collector at the same time and in
the same manner with the duties ; ami the lists or returns so made and sob*
scribed by such assessors or assistant assessors shall be taken and reputed
as good and sufficient lists or returns for all legal purposes.

Sec. 15* And it farther enacted, That if any person shall deliver or penalty for
disclose to any assessor or assistant assessor appointed in pursuance of disclosing &fee
law any false or fraudulent list, return, account, or statement, with intent ^ proaS kSla.
to defeat or evade the valuation, enumeration, or assessment intended to &c.
be made, or if any person who being duly summoned to appear to testify,
or to appear and produce such books as aforesaid, shall neglect to appear
or to produce said books, be shall, upon conviction thereof before any
circuit or district court of the United States, be fined ia any sum not ex-
ceeding one thousand dollars, or be. imprisoned for not exceeding one year,
or both, at the discretion of the court, with costs of prosecution.

Sec. 16. And be U further emoted. That whenever there shall be in Property of
any assessment district any property, goods, wares, and merchandise, S^^S\n
articles or objects, not owned or possessed by, or under the care or man* 88868
agement of, any person within such district, and liable to be 'taxed as
aforesaid, and no list of which shall have been transmitted to the assistant
assessor in the manner provided by this act, it shall be the duty of the
^assistant assessor for such district to enter into and upon the premises
where such property is situated, and take such view thereof as may be
necessary, and to make lists of the same, according to the form prescribed,
which lists, being subscribed by the said assessor, shall be taken and
reputed as good and sufficient lists of such property, goods, wares, and -
merchandise, articles or objects as aforesaid, for all legal purposes.

&&Q. 17. And be it Jurther encteted^ That any owner or person having Owners of prop*
the care or management of property, goods, wares, and merchandise, JSEflfSf ^ Li.
articles or objects, not lying or being within the assessment district' in they raide, may
, which he resides, shall be permitted to make Qut and deliver the lists make lists, &c
thereof required by this act (provided the assessment district in which
the said objects of duty or taxation are situated is therein distinctly stated)
at the time and in the manner prescribed to the assistant assessor of the
assessment district wherein such person resides. ♦ And it shall be the duty Duty of i
of the assistant assessor who receives any such list to transmit the same m fa 8Uchl
to the assistant assessor where such objects of taxation are situate, who
shall examine such list ; and if he approves the same, he shall return it to
the assistant assessor from whom be received it> with his approval thereof; *
and if he mils to approve the same, he shall make such alterations therein
and additions thereto as he may deem to be just and proper, and shall

228

THIRTY-EIGHTH CONGRESS. Sess. L Ch, 178. 1864*

then return the said list to the assistant assessor from whom it was
received, who shall proceed, in making the assessment of the tax upon
the list by him so received, in all respects as if the said list had been made
out by himself*

Lists to be Sec. 18* And be it further enacted, That the lists aforesaid shall, where
e^tow^tdme, not otnerw *?e specially provided for, bet, taken with reference to the day
and how named, fixed for that purpose by this act, as aforesaid, and, where duties accrue at

other and different times, the lists shall be taken with reference to the
time when said duties become due, and shall be denominated annual,
monthly, and special lists. And the assistant assessors, respectively, after
Two general collecting the. said lists, shall proceed to arrange the same, and to make two
****** general lists — the first of which shall exhibit, in alphabetical order, the

names of all persons, firms, companies, or corporations liable to pay any
of residents; duty, tax, or license under this act, residing within the assessment district,
together with the value and assessment or enumeration, as the case may
require, of the objects liable to duty or taxation within such districts for
which each such person is liable, or for which any firm, company, or cor*
poration is liable, with the amount of duty or tax payable thereon ; and
ofnon-resi- the second list shall exhibit, in alphabetical order, the names of all persons
00 residing out of the collection district, who own property within the district,

together with the value and assessment or enumeration thereof, as the case
may be, with the amount of duty or tax payable thereon as aforesaid.
Forms of lists. Xhe forms of the said general list shall be devised and prescribed by the
assessor, under the direction of the commissioner of internal revenue^and
lists taken according to such forms shall be made out by the assistant as-
sessors and delivered to the assessor within thirty days after the day fixed
by this act as aforesaid, requiring lists from individuals; or where duties,
licenses, or taxes accrue at other and different times, the lists shall be deliv-
ered from time to time as they become due.

Sec. 19. And be it farther enacted, That the assessors for each collec-
Assessors to tion district shall, by advertisement in some public newspaper published
giyonotiw.whw j n each county^ within said district, if any such there be, if not, then in
maybe EeawL* 801116 newspaper in the collection district nearest thereto, and by notifica-
tions to be posted dp in at least four public places within each assessment
district, advertise, by not? less than ten days' notice, all persons concerned,
of the time and place within said county when and where appeals will be
received and determined relative to any erroneous or excessive valuations,
assessments, or enumerations by the assessor or assistant assessor returned
in the annual list. And it shall be the duty of the assessor for each collect
tion district, at the time fixed for hearing such appeal, as aforesaid, to sab*
mit the proceedings of the assessors and assistant assessors, and the annual
Lists, &c., to lists taken and returned as aforesaid, to the inspection of any and all
be^ogento in- persons who may apply for that purpose. And the said assessor for each

collection district is hereby* authorized at any time to hear and determine
Appeals, how in a summary way, according to law and right, upon any and all appeals
tobe determined, ^jch may be exhibited against the proceedings of the said assessors
*' or assistant assessors : Provided, That no appeal shall be allowed to any

party after he shall Jiave been duly assessed, and the annual list containing
the assessment has been transmitted to the collector of the district And
all appeals to the assessor, as aforesaid, shall be made in writing, and shall
to state Trbat specify the particular cause, matter, or thing respecting which a decision is
requested, and shall, moreover, state the ground or principle of error com-
plained of* And the assessor shall have power to reexamine and deter-
Assessments 'mine upon the assessments and valuations and rectify the same as shall
""y 116 ^^^j* 86 * 5 appear just and equitable ; but no valuation, assessment, or enumeration
ereaBed°im1essi s ^ a ^ 06 increased without a previous notice of at least five days to the
&c party interested to appear and object to the same, if he judge proper, which

notice shall be given oy a note in writing to be left at the dwelling-house,
office, or place of business of the party by such assessor, assistant assessor,

THIRTY-EIGHTH CONGRESS. Sess. L Gs. 173. 1864.

229

or other person, or sent by mail to the nearest or usua\ post-office address Appeals, books,
of said party : Provided, further, That on the hearing of appeals it shall Tvitne88es#
be lawful for the assessor to require by summons the attendance of wit*
nesses and the production of books of account in the same manner and
under the same penalties as are provided in cases of refusal or neglect to
furnish lists or returns* The bills for the attendance and mileage of said Attendance
witnesses shall be taxed by the assessor and paid by the delinquent par- and mileage *
ties, or otherwise by the collector of the district, on certificate of the as-
sessor, at the rates usually allowed in said district for witnesses in courts
of justice.

Seo. 20. And be it further enacted* That the said assessors of each col- Assessors to
lection distance, respectively, shall, immediately after the expiration of the make out list8,
time for hearing appeals concerning taxes returned in the annual list,
and from time to time as duties, taxes, or licenses become liable to be as-
sessed, make out lists containing the sums payable according to law upon
every object of duty or taxation for each collection district ; whieh lists Contents of
shall contain the name of each person residing within the said district, ******
or owning or having the care or superintendence of property lying within
the said district, which is liable to any tax or duty, or engaged in any busi-
ness or pursuit requiring a license, when such person or persons are known,
together with the sums payable by each; and where there is any property
within any collection district liable to the payment of the said duty or
tax, not owned or occupied by or under the superintendence of any per- Lists of non-
son resident therein, there shalL be a separate list of such property, speci- re8 * dent8 *
lying the sum-payable, and the names of the respective proprietors, when
known. And the assessor making out any such separate list shall transmit
to the assessor of the district, where the persons liable to pay such tax
reside, or shall have their principal place of business, copies of the list*
of property held by persons so liable to pay such tax, to the end that the
taxes assessed under the provisions of this act may be paid within the
collection district where the persons liable to pay the same reside, or may
have their principal place of business. And in all other cases the said
assessor shall furnish to the collectors of the several collection districts, Lists to be sent
respectively, within ten days after the time of hearing appeals concerning to collector in ten
taxes returned in the annual list, and from time to time thereafter as
required, a certified copy of such list or lists for their proper collection
districts. And in case it shall be found or discovered by any assessor that
the annual list so furnished to the proper collector, as aforesaid, is imper-
fect or incomplete, owing to the names of persons, firms, corporations, or If lists are fra-
objects liable to tax or duty being omitted therefrom, the said assessor E e ?^ ct > ^P**** 1
may, from time to time, at any time thereafter, enter on a special list all made!* 7 °
such objects of duty or taxation, with the names of persons owning or
having the care or superintendence of property lying within said district
liable to said tax or duty, or engaged in any business or pursuit requiring
a liceuse, with the sums payable by each, as he shall discover to have
been omitted as aforesaid; and the same proceedings shall obtain and be
had with respect to such objects of duty or tax as are by this act required
in respect to objects of duty or taxes, and persons liable to tax regularly
entered and returned on any monthly or special list : Provided, That the Provisos,
office or principal place of business of the said assessor shall be always"
open when he is not necessarily absent therefrom during the business
hours of each day, for the hearing of appeals by parties who shall appear
voluntarily before him : Provided, further, That it shall be in the power of
the commissioner of internal revenue to exonerate any assessor as afore-
said from forfeitures, in whole or in part, as to him shall appear just and
equitable.

Sec. 21. And be it further enacted, That every assessor or assistant penalty upon
assessor who shall enter upon and perform the duties of his office without assessors andas-
having taken the oath or affirmation prescribed by this act, or who shall * 5stant assessor *

vol. xiii. Pub. — 20

280'

TfflBTY-EIGHTiar 1 t&tfGRESS. Sns. L Ch. 178. 1864.

for acting
withoutkUtffrg
oath, &c*

Pay of assess-
ors*

Certain ex-
penses to be
allowed.

Clerk-hire*

Pay of assist-
ant assessors.

vnllnlly neglect to perform any of the- duties prescribed by this act at the
time and; in the manner herein designated, or who Shall knowingly make
any false or fraudulent list or valuation or assessment, or shall demand or
receive any compensation, fee, or reward, other than those provided for
herein, for the performance of any duty, or shall be guilty of extortion
or wilful oppression in office, shall, upon conviction thereof in any circuit
or district court of the United States having jurisdiction thereof, be sub-
ject to a fine of not exceeding one thousand dollars, or to imprisonment
for not exceeding one year, or both, at the discretion of the court, and
shall be dismissed from office, and shall be forever disqualified from hold-
ins any office under the government of the United States. 'And one half
of (he fine so imposed shall be for the use of the United States, and the
other, half for the use of the informer, who shall be ascertained by the
judgment of the court ; and the said court shall also render judgment
against the said assessor or assistant assessor for the amount of damages
sustained in favor of the party injured, to be collected by execution.

Sec. 22. And be it further enacted, That there shall* be allowed and
paid to the several assessors a salary of fifteen hundred dollars per annum,
payable quarterly* And in addition thereto, where the receipts of the
collection district shall exceed the sum of one hundred thousand dollars
and shall not exceed the. sum of four hundred thousand dollars annually,
one half of one per centum upon the excess of receipts over one hundred
thousand dollars. ' Where the receipts of a collection district shall exceed
four hundred thousand dollars and shall not exceed six hundred thousand,
one fifth of one per centum upon the excess of receipts over four hundred
thousand dollars. * Where the receipts shall exceed six hundred thousand
dollars, one tenth of one per centum upon such excess*; but the salary
of no assessor shall, in any case, exceed the sum of four thousand dollars.
And the several assessors shall be allowed and paid the sums actually and
necessarily expended* with the approval of the commissioner of internal
revenue ; but no account for such rent shall be allowed or paid until it
shall have been verified in such manner as die commissioner shall re-
quire, and shall have been audited and approyed by the proper officers of
the treasury department, for office-rent, not exceeding the rate of five
hundred dollars per annum*. And the several assessors shall be paid,
after the account thereof shall have been rendered to, and approved by,
the proper officers of the 'treasury, their necessary and reasonable charges
for clerk-hire ; but no such account shall be approved unless it shall state
the name or names of the clerk or clerks employed, and the precise peri*
ods of time for which they were respectively employed, and the rate of
compensation agreed upon, and shall be accompanied by an affidavit of
the assessor stating, that such service was actually required by the neces-
sities of his office, and was actually rendered ; and also by the affidavit of
each, clerk, stating that he has rendered the service charged in such ac-
count on his behalf, the compensation agreed upon, and that he has not
paid> deposited, or assigned, or contracted to pay, deposit, or assign any
part of such compensation to the use of any other person, or in any way, di-
rectly or indirectly, paid or given,or contracted to pay or give, any reward
or compensation for his office or employment, or the emoluments thereof.
And the chief clerk of any such assessor is hereby authorized to admin*
ister, in the absence of the assessor, such oaths or affirmations as are re-
quired by this act And there shall be allowed and paid to each assistant
assessor four dollars for every day actually employed in collecting lists
and making valuations, the number of days necessary for that purpose to
be certified by the assessor ; and three dollars for every hundred persons
assessed contained in the tax list, as completed and delivered by him to
the assessor ; and twenty-five cents-for each permit granted to any tobacco,
snuff, or cigar manufacturer ; and the said* assessors and assistant assess-
ors, respectively, shall be paid after the account thereof shall have been

THIRTY-EIGHTH CONGJOPS., SpsS-, JL' Gel 178. 1864

rendered to, and approved by, the proper officers of the treasury, their
necessary and reasonable charges for stationery and blank books used hi Accounts to be
the discharge of their duties, and for postage actually paid on letters and ™^ by oath,
documents received or sent, and relating exclusively to official business :
Provided, That no such account shall be approved unless ii shall state
the date and the particular item of every such expenditure, and shall be
verified by the oath or affirmation of such "assessor or assistant assessor;
and the compensation herein specified shall be in full for all expenses not
otherwise particularly authorized. Provided, further. That the Secretary Additional
of the Treasury shall be, and he is hereby, authorized, to fix such addi- compensation to
tional rates of compensation to be made to assessors and assistant assess- assessor*
ors in cases where a collection district embraces more than a single
congressional district, and Jto assessors and assistant assessors, revenue
agents and inspectors, in Louisiana, North Carolina, Mississippi, Ten-
nessee^ Missouri, California, and Oregon, and the territories, as may
appear to him to be just and equitable, in consequence of the greater
cost of living and travelling, in those states and territories, and as may,
in his judgment, be necessary to secure the services of competent officers ;
'but the rates of compensation thus allowed shall not exceed the rates paid
to similar officers in such states and territories respectively.

Sec* 23. And be it further enacted, That if any .assessor shall demand Penalty apon
of, or receive directly or indirectly from, any assistant assessor, as a con- ^^portionof
dition of his appointment to, or continuance in, his said office, of assistant pay of assistant,
assessor, any portion of the compensation herein .allowed such- assistant &°*
assessor, or any o ther consideration, such assessor so offending shall be
summarily dismissed from office, and shall be liable to a fine of not less
than five hundred dollars upon conviction of said offence in' any district or
circuit court of the United States of the district in which such offence
may be committed.

Sec. 24. And be it further enacted, That* the assistant assessors shall Accounts of
make out their accounts for pay and charges allowed by law montbry r JJjJ 8tanta * 8esB "
specifying each item and including the dale of each day of service, and
shall transmit the same, verified by oath or affirmation, to the assessor of
the district, who shall thereupon examine the same, and, if it appear just
and in accordance with law, he shall indorse .his approval thereon, but
otherwise shall return the same with objections* Any such account, so
approved, may be presented by the assistant assessor to the' collector of
the district for payment, who shall thereupon pay the same, and, when
receipted by the assistant assessor, be allowed therefor upon presentation
to the commissioner of internal revenue. Where any account, so trans-
mitted to the assessor) shall be objected to, in whole or in part, the assist-
ant assessor may appeal to the commissioner of internal revenue, whose
decision on the case shall be final. And should it appear, at any time,
* that any assessor has knowingly or negligently approved any account, as
aforesaid, allowing any assistant assessor a sum larger than was due /
according to law, it shall be the duty of the commissioner of internal *
revenue, upon proper proof thereof, to deduct the sum so allowed from
any pay which may be due to such assessor ; or the commissioner as
aforesaid may direct a suit to be brought in any court of competent juris-
diction against the assessor or assistant assessor in default, for the recov-
ery of the amount knowingly or negligently allowed, as hereinbefore
mentioned : • Provided, That in estimating the allowance to be made to
assistant assessors for periods of service less than a day, each ten hours
shall be deemed the equivalent of a day.

Sec. 25. [And be it further enacted^] That there shall be allowed to PayofcoUec-
coliectors, in full compensation for their services and that of their depu-
ties, a salary of fifteen hundred dollars per annum, to be paid quarterly,
and in addition thereto a commission of three per centum upon the first
hundred thousand dollars, and a commission of one per centum upon all

232

THIRTY-EIGHTH CONGRESS. Ses*. L Ch- 173. 1864

sums above one hundred thousand dollars and not exceeding foar handred
Pay of colleo- thousand dollars, and a commission of one half of one .per centum on all

to p<ttt 469 sums al)0ve roar ^ an ^red thousand dollars, such commissions to be com-
9 p * * puted upon the amounts by them respectively collected and paid over and
accounted for under the instructions of the treasury department. And
Chanres and ^ ere s ^ a ^ ^ further paid, after the account thereof has been rendered to,
eocpeMesT and approved by, the proper officers of the treasury, to each collector his
Pest, p. 46S. necessary and reasonable charge, for stationery and blank books used in
the performance of his official duties, and for postage actually paid on let-
ters and documents received or. sent, and exclusively relating to official
business ; but no such account shall be approved unless it shall state the
date and the particular items of every such expenditure, and shall be
Pay not to ex- verified by the oath or affirmation of the collector : Provided, That the
eecdr&c salary and commissions of no collector, exclusive of stationery, blank

nor more than five thousand dollars exclusive of the expenses for rent,
stationery, blank books, and postage, and pay of deputies and clerks, to
which such collector is actually and necessarily subjected in the adminis-
tration of his office : Provided, further. That the Secretary of the Treasury*
Further allow- be authorized to make such further allowances, from time to time, as may
aaoe6 * be reasonable in cases in which, from the territorial extent of the district,

or from the amount of internal duties collected, or from other circum-
stances, it may seem just to make such allowances.
Accounts of col- Sec. 26. And be it farther enacted, That in the adjustment of the
lectors and as- accounts of assessors and collectors of internal revenue which shall accrue
seBaora, now ad- a f ter ^ ty^eth f June, eighteen hundred and sixty-four, and in the

payment of tbeir compensation for services after that date, the fiscal year
of the treasury shall be observed ; and where such compensation, or any
part of it, shall, be by commissions upon assessments or collections, and
Post, p. 469. shall during any year, inconsequence of a new apportionment [appoint-
ment,] be due to more thanbne assessor or collector in the same district,
such commissions shall be apportioned between such assessors or. collec-
tors according to the amounts collected by them respectively ; but in no
case shall a greater amount of the commissions be allowed to two or more
assessors or collectors in the* same district than is, or may be, authorized
by law to be allowed to one assessor or collector. And the salary and
commissions of assessors and collectors heretofore -earned and accrued
shall be adjusted, allowed, and paid in conformity to the provisions, of this
section, and not otherwise.
Collectors to Sec. 27. And be it farther enacted, That each collector, on receivings
give receipts for from time to time, lists and returns from the said assessors/fchall subscribe
' three receipts : one of which shall be made upon a full and correct copy

of each list or return, and be delivered by him to, and shall remain with,
the assessor of his collection district, and shaV be open to the inspection
of any person who may apply to inspect the same ; and the other two
shall be made upon aggregate statements .of the lists or returns aforesaid,
exhibiting the gross amount of taxes to be collected in liis collection dis-
trict, one of which aggregate statements and receipts shall be transmitted
to the commissioner of internal revenue, and the other to the first comp-
troller of the treasury*

Sec. 28* And be it further enacted, That each of said collectors shall,
within twenty days after receiving his annual collection list from, the
to give notice assessors, give notice, by advertisement published in each county in his
th ^b^ es m collection district, |n one newspaper printed in such county, if any such
****** there be, and by notifications to be posted up in at least four public places

[Amended, Post, u county in his collection district, that the said duties have become
pp. 46M70.] due and payable, and state the time and place^within said county at wWch

he or his deputy will attend to receive the same,, which tiine^shall not be,
iess than than ten days after such notification ; and all persons wlto shall

THIRTY-EIGHTH CONGRESS* Sess, L Ch. 173. 1864

neglect to pay the duties and taxes so as aforesaid assessed within the
time specified, shall be liable to pay ten per centum additional upon the
amount thereof, the fact of which liability shall be stated in the advertise-
ment and notifications aforesaid* And if any person shall neglect tfr pay Collector to
as aforesaid for more than ten days, it shall be the duty of the collector ^SSttt IST
or his deputy to issue to such, person a notice to be left at his dwelling or
usual place of business, or be sent by mail, demanding the payment of
said duties or taxes, stating the amount thereof, with a fee of twenty cents,
for the issuing and service of such notice, and with four cents for each
mile aetaally and necessarily travelled in serving the same. And if such
persons shall not pay the duties or taxes, with- the penalty aforesaid, and
the fee of twenty cents and mileage as aforesaid, within ten days after the
service or the sending by mail of such notice, it shall be the duty of the
collector or his deputy to collect the said duties or taxes, and fee of twenty
cents* and mileage, with ten per centum penalty as aforesaid. And with
respect to all such duties or taxes as are not included in the annual lists
as aforesaid, and all taxes and duties the collection of which is not other-
wise provided for in this act, it shall be die duty of each collector, in per*
son or by deputy, to demand payment thereof, in the manner last men-
tioned, within ten days from and after receiving the list thereof from the
assessor, or within twenty days from and after the expiration of the time
within which such duty or tax should have been paid ; and if the annual
or other duties shall not be paid within ten days from and after such
demand therefor, it shall be lawful for such collector, Or his deputies, to
proceed to collect the said duties or taxes, with ten per centum additional
thereto, as aforesaid, by distraint and sale of the goods, chattels, or effects .to collect by
of the persons delinquent as aforesaid. And in case of distraint, it shall distraint if > &c
be the duty of the officer charged with the collection to make, or cause to Proceedings la
be made, an account of the goods or chattels distrained, a copy of which, 0886 of distraint,
signed by the officer making such distraint, shall be left with the owner or
possessor of such goods, chattels, or effects, or at his or her dwelling, or
usual place of business, with some person of suitable age and discretion',
with a note of the sum demanded, and the time and place of sale ; and
the said officer shall forthwith cause a notification to be published in some
newspaper within the county wherein said distraint is made, if there is a
newspaper published in said county, or to be publicly posted up at the
post-office, if there be one within five miles, nearest to the residence of
the person whose property shall be distrained, and in not less than two
other public places, which notice shall specify the articles distrained, and
the time and place tor the sale thereof, which time shall not be less than
ten nor more than twenty days from the date of such notification, and the
place proposed for sale not more than five miles distant from the place of
making such distraint: Provided, That, in any case of distraint for the
payment of the duties or taxes aforesaid, the goods, chattels, or effects so ~
distrained shall and may be restored to the owner or possessor, if prior to
the sale payment of the amount due or tender thereof shall be made to
the proper officer charged with the collection of the full amount demanded,
together with such fee for levying, and such sum for the necessary and
reasonable expenses of removing, advertising, and keeping the goods,
chattels, or effects so distrained, as may be prescribed by the commissioner
of internal revenue ; but in case of son-payment or tender, as aforesaid,
the said officers shall proceed to sell the said goods, chattels, or effects at
public auction, and shall and may retain from the proceeds of such sale
the amount demandable for the use of the United States, with the neces-
sary and reasonable expenses of distraint and sale, and a commission
of five per centum thereon for his own use, rendering the overplus, if any
there be, to the person whose goods, chattels, or effects shall have been
distrained: Provided, further. That there shall be exempt from distraint Exemptions
the tools or implements of a trade or profession, one cow, arms, and from di5tresfl;

20*

234

THIRTY-EIGHTH CONGRESS* Sess. L Oil 178. 1864

provisions, and Household furniture kept for use, and apparel necessary
for a family. ,

Sec. * And be it farther enacted. That hi all cases where the prop*
# P"Pj*2^ erty liable to distraint for duties or taxes under this act may not be divis-
is not divisible* * so as to enable the collector by a sale of part thereof to raise the

whole ampunt of the tax, with all costs, charges, and commissions, the
whole of such property shall be sold, and the surplus of the proceeds of
the sale, after satisfying the duty or tax, costs, and charges, shall be paid
to the owner of the property, or his, her, or their legal representatives ; or
if he, she,, or they cannot be found, or refuse to receive the same, then
such surplus shall be deposited in the treasury of the United States, to be

thereAeld for the use of the owner, or his, her, or their legal representa-
tive^ until be, she, or they shall make application therefor to the Secre-
tary of the Treasury, who, upon such application, shall, by warrant on the
treasury, cause the same to be paid to the applicant And if the properly
advertised for sale as aforesaid cannot be sold for the amount of the doty
or tax due thereon, with the costs and charges, the collector shall purchase

Gtfflectorto the same in behalf of the United States for an amount not exceeding the
e^if^ST* 1 *" said tax or duty, with the costs and charges thereon. And all property so

purchased may be sold by said collector under such regulations as may be
prescribed by the commissioner of internal revenue. And the collector
shall render a distinct account of all charges incurred in die sale of such
property to the commissioner of internal revenue, who shall, by regulation,
determine the fees and costs to be allowed in cases of distraint and other
seizures ; and the said collector shall pay into the treasury the surplus, if
any there be, after defraybg the charges.
' Sec. 30* And be it former enacted, That in any case where goods,

If personal chattels, or effects sufficient to satisfy the duties imposed by this act upon
wenvSe«tet?" anv P 6 * 8011 liaWe to P a 7 the same shall not be found by the collector or
may be sold. deputy collector whose duty it may be to collect the same, he is hereby

Proceedings, authorized to collect the same by seizure and sale of real estate ; and the

Notice. officer making such seizure and sale shall give notice to the person whose
estate is proposed to be sold, by giving him in hand, or leaving at his last
and usual place of abode, if he has any such within the'coilection district
where said estate is situated, a notice, in writing, stating what particular
estate is proposed to be sold, describing the same with reasonable cer-
tainty, and the time when and place where said officer proposes to sell the
same ; which time shall not be less titan twenty, not more than forty, days
from the time of giving said notice* And the said officer shall also cause
a notification to the same effect to be published in some newspaper within
the county where such seizure is made, if any such there be, and shall
also cause a like notice to be posted up at the post-office nearest to the
estate so seized, and in two other public places within the county. And
the place -of said sale shall not be more than live miles distant from the
estate seized, except by special order- of the commissioner of internal
revenue. At the time and place appointed, the officer' making such

Sale at amnion, seizure shall proceed to sell the said estate at public auction, offering the
same at a minimum price, including the amount of duties with the ten per
centum additional thereon, the expense of makin * such levy and all charges
for* advertising, and an officer's fee of ten d liars. And if no person
offers for said estate the amount of said minimum* the officer shall declare
the same to be purchased by him for the United States, and shall deposit
with the district attorney of the United States a deed thereof, as herein*
after specified and provided ; otherwise, the sanx shall be* declared to be

Adjournment sold to the highest bidder. And said sale may be adjourned by said
°* officer for a period not exceeding five days, if he shall think it advisable

so to do* If the amount bid shall not be then and there paid, the officer
shall forthwith proceed to again' sell said estate in the same manner. If
the amount bid shall be* then and there paid, the officer shall give his

rHIBTT-ElGHTH CONGRESS. Sess. L Ch. 178. 1864

285

receipt therefor, if requested, and within five days thereafter he shall
make oat a deed of the estate so sold to the purchaser thereof, and exe~ Deed,
cute the same in bis official capacity, in the manner prescribed by the laws
of the state in which said estate may be situated, in which said deed shall
be recited the fact of said seizure and sale, with the cause thereof, the
amount of duty for which said sale was made, and of all charges and fees,
and the amount paid by the purchaser, and all his acts and doings in rela-
tion to said seizure and sale, and shall have the same ready for delivery
to said purchaser, and shall deliver the same accordingly, upon request
therefor. And said deed shall he prima fade evidence of the truth of the Effect of deed,
foots stated therein, and, if the proceedings of the officer as set forth have
been substantially in pursuance of the provisions of this act, shall be con-
sidered and operate as a conveyance to the purchaser of the title to said
estate, but shaft not affect the rights of innocent parties acquired pre-
viously to the claim of the United States under this act The surplus, if
any, arising from such sale shall be disposed of as provided in tins act
for like cases arising upon sales of personal property* And any person
whose estate may be seized for duties, as aforesaid, shall have the same
right to pay or tender the amount due, with all proper charges thereon, Tender to stop
prior to the sale thereof, and thereupon to relieve his said estate from sale
as aforesaid, as is provided in this act for personal property similarly situ-
ated. And any collector or deputy collector may, for the collection of
duties imposed upon any person, or for which any person may be liable
by this act, and committed to him for collection, seize and sell the lands
of such persoDusituated in any other collection district within the state in
which said officer resides ; and his proceedings in relation thereto shall
have the same effect as if the same were had in his proper collection dis-
trict And the owners, their heirs, executors, or administrators, or any
person having an interest therein, or a lien thereon, or any person on their
behalf, shall have liberty to redeem the land sold as aforesaid, within one Redemption,
year from and after recording the said deed, upon payment to the pur-
chaser, or, in case he cannot be found in the county where the lands are
situate, to the collector, for the use of the purchaser, his heirs or assigns,
of the amount paid by the purchaser, with interest on the same at the rate
of twenty per centum per annum. And it shall be the duty of every
collector to keep a record 6f all sales of land made in his collection dis- Record of sales,
trict, whether by himself or his deputies, in which shall be set forth the
tax for which any such sale was made, the dates of seizure and sale, the
name of the party assessed, and all proceedings in making said sale, the
amount of fees and expenses, the name of the purchaser, and the date of
the deed ; which record shaH be certified by the officer making the sale.
And it shall be the duty of any deputy making sale, as aforesaid, to return
a statement of all his proceedings to the collector, and to certify the record
thereof. And in case of the death or removal of the collector, or the expi-
ratioaof his term of office from any other cause, said record shall be depos-
ited itf the office of the clerk of the district court of the United States for
the district within which the said collector resided ; and a copy of every
such record, certified by the collector, or by the clerk, as the case may
require, shall be evidence in any court of the truth of the facts therein
stated. And when any lands sold, as aforesaid, shall be redeemed as here-
inbefore provided, the collector or clerk, as the case may be, shall make
an entry of the fact upon the record aforesaid, and the said entry shall be
evidence of such redemption* And the claim of the government to lands
sold under and by virtue of the foregoing provisions shall be hekf to have
accrued at the time of seizure thereof.

Sec* 81. And be it further enacted, That if any collector shall find, upon Collection of
any list of taxes returned to him for collection; property lying within his tR ^ e 2? aa,MWl "
district which is charged with any specific or ad valorem tax or duty, but 7081
which is not owned, occupied, or superintended by some person known to

286

THIRTY-EIGHTH CONGRESS. Sbss. L Ch. 178. 1864.

Collection of
taxes from non-
residents. *

Collectors to
send lists to dis-
tricts where per*
sons reside.

Collectors to
make returns and
pay over ynoneys
monthly.

Deposits.

such collector to' reside, or to have some place of business, within the
United States, and upon which the duty or tax has not been paid within
the time required by law, such collector shall forthwith take such property
into his custody, and shall advertise the game, and the tax charged upon
the same, in some newspaper published in his district, if any shall be pub-
lished herein, otherwise in some newspaper in an adjoining district,, for
the space of thirty days ; and if the taxes thereon, with all charges for
advertising, shall not be paid within said thirty days, such collector shall
proceed to sell the same, or so much as is necessary, in the manner pro*
vided for the sale of other goods distrained for the non-payment of taxes,
and* out of the proceeds shall satisfy all taxes charged npon such property,
with the costs of advertising and selling the same. And like proceedings
to those provided in the preceding section for the purchase and resale of
property which cannot be sold for the amount of duly or tax due thereon
shall be had with regard to property sold under the provisions of tins
section. And any surplus arising from -any sale herein provided for shall
be paid into the treasury, for the benefit of the owner of the property.
And the Secretary of the Treasury is authorized, in any case where
money shall be paid into the treasury for the benefit of any owner of
property sold as aforesaid, to repay the same, on proper proof bang
furnished that the person applying therefor is entitled to receive the same.

Sec. 82. And be it further enacted, That whenever a collector shall
have on any list duly returned to him the name of any person not within
his collection district who is liable to tax, or of any person so liable to
tax who shall have, in the collection district in which he resides, no suffix
cient property subject to seizure or distraint from which the money due
for duties or tax can be collected, it shall and may be lawful for such col*
lector to transmit a copy or statement containing the name of the person
liable to such duty or tax as aforesaid, with the amount and nature there*
of, duly certified under Ins hand, to the collector of any district to which
said person shall have removed, or in which he shall have property, real
or personal, liable to be seized and sold for dtfty or tax ; and the collector
of the district to whom the said certified copy or statement shall be trans-
mitted shall proceed to collect the said duty or tax in the same way as if
the name of the person and objects of tax contained in the certified copy
or statement were on any list furnished to him by the assessor of his own
collection district; and the said collector, npon receiving said certified
copy or statement as aforesaid, shall transmit his receipt for It to the col-
lector sending the same to him.

Sec. 88. And be it further enacted, That the several collectors shall, at
the expiration of each and every month after they shall, respectively,
commence their collections, transmit to the conunissiorier of internal rev-
enue a statement of the collections made by them, respectively, within the
month, and pay over monthly, or at such time or times as may be^required
by the commissioner of internal revenue, the moneys by them respectively
collected within the said term, and at snob places as may be designated
and required by the commissioner of internal revenue ; and each of the
said collectors shall complete the collection of all sums assigned to him
for collection, as aforesaid, shall pay over the same into the treasury, and
shall render his accounts to the treasury department as often as he mag
be Tequired. And the Secretary of the Treasury is authorized to desig-
nate one or more depositories in each state, for the deposit and safe-keep-*
ing of the moneys collected by virtue* of this act $ and the receipt of the
proper officer of such depository to a collector for the money deposited
by htm shall be a sufficient voucher for such collector in the settlement oi
his accounts at the treasury department* And the commissioner of in-
ternal revenue may, under the 4irection of the Secretary of the Treasury,
prescribe such regulations with reference to' such deposits as he may
deem necessary*

THIRTY-EIGHTH CONGRESS. -SimL Ch. 173. 1864

287

Sec. 84 And be it Jurther enacted, That each collector shall be to ^^ d
charged with the whole amount 'of taxes, whether Contained in lists de- Bmo^in
livered to him by the assessors, respectively, or delivered or transmitted tax-lists;
to him by assistant assessors from time to time, or by other collectors,
and with the additions thereto, with the par value of all stamps deposited
with him, and with all moneys collected for passports, penalties, forfeit-
ures, fees, or costs, and he shall be credited with, all payments made as to be credited,
provided by law, with all stamps returned by him uncancelled to the wiatwhat "
treasury, with the .salary, fees, commissions, and charges allowed by law,
and with the amount of duties or taxes contained in the lists transmitted
in the manner above provided to other collectors, and by them receipted
as aforesaid; and also with the amount of the duties or taxes of such
persons as may have absconded, or become insolvent, prior to the day
when the duty or tax ought, according to the provisions of this act, to
have been collected ; Provided, That it shall be proved to the satisfaction Proviso,
of the commissioner of internal revenue that due diligence was used by
the collector, and that no properly w&* left from which the duty or tax .
could have* been recovered, who shall certify the facts to the first comp-
troller of the treasury* And each collector shall also be credited with the
amount of all property purchased by him for the use of the United States,
provided he shall faithfully account for and pay over the proceeds there-
of upon a resale of the same as required by thiB act.

Sec. 35* And be it further enacted, That if any collector shall fail Dues from de-
either to collect or to render his account, or to pay over in the manner S^ISlleSe^S
or within the times hereinbefore provided, it shall be the duty of the first distraint and
comptroller of the treasury, and he is hereby authorized and required,
immediately after evidence of such delinquency, to report the same to the
solicitor of the treasury, who shall issue a warrant of distress against such
delinquent collector, directed to the marshal of the district, therein ex-
pressing the amount with which the said collector is chargeable,* and the
sums, if any, which have been paid over by him, so far as the* same are
ascertainable* And the said marshal shall, himself, or by his deputy,
immediately proceed to levy and collect the sum which may remain due*
with five per centum thereon, and all the expenses and charges of collec-
tion, by distress and sale of the goods and chattels, or any personal effects
of the delinquent collector, giving at least five days* notice of the time and
place of sale, in the manner provided by law for advertising sales of per-
sonal property on execution in the state wherein such collector resides.
And the bill of sale of the officer of any goods, chattels, or other personal
property, distrained and sold as aforesaid, shall be conclusive evidence of
title to the purchaser, and prima facie evidence of the right of the officer
to make such sale, and of the correctness of his proceedings in sell-
ing the same* And for want of goods and chattels, or other personal
effects of such collector, sufficient to satisfy any warrant of distress, issued
pursuant to the preceding section of this act, the lands and real estate of
such collector, or so much thereof as may be necessary for satisfying the
said warrant, after being advertised for at least three weeks in not less
than three public places in the collection district, and in one news-
paper printed in the county or district, if any there be, prior to the pro-
posed time of sale, shall be sold at public auction by the marshal or his
deputy, who, upon such sale, shall, as such marshal or deputy marshal,
make and deliver to the purchaser of the promises so sold a deed of con-
veyance thereof, to be executed and acknowledged in the manner and
form prescribed by the laws of the state- in which said lands are situated,
which said deed so made shall invest the purchaser with .all the title and
interest of the defendant or defendants named in said warrant, existing at
the time of the seizure thereof* And all moneys that may remain of the
proceeds of such sale after satisfying the said warrant of distress, and
paying the reasonable costs and charges of sale;, shall be returned to the
proprietor of the lands or real estate sold as aforesaid.

288 THIRTY-EIGHTH CONGRESS. Sxss. L Ob. 178. 1864.

{JS^g!! 1 Sec. 86. And' be it further enacted, That each and every collector, or
for Stortiov&c bis deputy, who shall be guilty of any extortion or wilful oppression,

under color of law, or shall knowingly demand other or . greater sums
than shall be authorized by law, or shall receive any fee, compensation,
or reward, except as herein prescribed, for the performance of any duty,
or shall wilfully neglect to perform any of the duties enjoined by this act,
shall, upon conviction, be subject to a fine of not exceeding one thousand
dollars, or to be imprisoned for not exceeding one year, or both, at the
discretion of the court, and be dismissed from office, and be forever there*
after incapable of holding any office under the government ; and one half
of the fine so imposed shall be for the use of the United States, and the
other half for the use of the informer, who shall be ascertained by the
judgment of the court ; and the said court shall also render judgment
against said collector or deputy collector for the amount of damages ac-
cruing to the party injured, to be collected by execution. And each and
every collector, or his deputies, shall give receipts for all sums by them
collected.

Collectors, as* Seo. 37. Jnd be it farther enacted. That a collector or deputy col-
^^plocesl &cT lector > assessor, assistant assessor, revenue agent, or inspector, shall be
* authorized to enter, in the daytime, any brewery, distillery, manufactory,
building, or place where any property, articles, or objects, subject to duty
or taxation under the provisions of this act, are made, produced, or kept,
within his district, so far as it may be necessary for the purpose of exam-
ining said property, articles, or objects, or inspecting the accounts required
by this act from time to time to be made or kept by any manufacturer or
producer, relating to such property, articles, or objects. And every owner
of such brewery, distillery, manufactory, buMing, or place, or persons
having the agency or superintendence of the same, who shall refuse to
admit such officer, or to suffer him to examine said property, articles, or

Penalty ou objects* or to inspect said accounts, shall, for every such refusal, forfeit

rtfusal toadmft, an< * W *° e sum °^ ^ ve hundred dollars : Provided, however, That when

such premises shall be open at night, such officers may enter while so
open in the performance of their official duties.

Sec. 38. And be it further enacted, That if any person shall forcibly
for obstructing obstruct or hinder any assessor or assistant assessor, or any collector or
XeSSarM of deputy collector, revenue agent or inspector, in the execution of this act^
their doty. or of any power and authority hereby vested in him, or shall forcibly

rescue, or cause to be rescued, any property, articles, or objects, after the
same shall have been seized by him, or shall attempt or endeavor so to
do, the person so offending shall, upon conviction thereof, for every such
offence, forfeit and pay the sum of five hundred dollars, or double the
value of property so. rescued, or be imprisoned for a term not exceeding
two years, at the discretion of the court: Provided, That if any such
officer shall divulge to any party, or make known in 'any manner other
than is provided in this act, the operations, style of work, or apparatus
of any manufacturer or producer visited by him in the discharge of
official duties, he shall be subject to the penalties prescribed in section
Post, p. 471. thirty-five [thirty-six] of this act

Deputy collec- Sso. 89* And be it farther enacted, That in case of the sickness or
tor may act as temporary disability of a collector to discharge such of his duties as can-
collector when, not un ^ er existing laws be discharged by a deputy, they may be devolved

by him upon one of his deputies ; and for the official acts and defaults of
such deputy the collector and his sureties shall be held responsible to the
United States.

if collector Sec 40. And be it farther enacted, That in case a collector shall die,
d ' ie8 vf C ^f depU ~ resign, or be removed, the deputies of such collector shall continue to act.
ties to act unt [j successor | s appointed ; and the deputy of such collector longest

in service at the time, immediately preceding shall, until a successor shall
be appointed, discharge all the duties of said collector ; and for the official

THIRTY-EIGHTH CONGRESS. Siss. L Cs* 178* 1864. 28^

acts and defaults of such deputy a remedy shall be had on the official
bond of the collector, as in other cases ; and of two or more deputy col-
lectors, appointed on the same day, the one residing nearest the residence
of the collector at the. time of his death, resignation, or removal, shall dis-
charge the said dudes until the appointment of a successor* And any £ ^hl]
bond or security taken from a deputy by such collector, pursuant to this
act, shall be available to bis legal representatives and sureties to indem-
nify them for loss or damage accruing from any act of the deputy so am*
turning or succeeding to the duties of such collector.

Sec. 41* And be it further enacted, That it shall be the duty of the Collector? to
collectors aforesaid, or their deputies, in their respective* districts, and fl^^^forfei^
they are hereby authorized, to collect ail the duties and taxes imposed urn.
by this act, however the same may be designated, and to prosecute .for the
recovery of any sum or sums which may be forfeited by virtue of this
act ; and all fines, penalties, and forfeitures which may be incurred or im-
posed by virtue of this act shall be sued for and recovered, in the name
of the United States, in any proper form of action, or by any appropriate
form of proceedings qui tarn, or otherwise, before any circuit or district
court of the United States for the district within which said fine, penalty,
or forfeiture may have been incurred, or .before any other court of com-
petent jurisdiction ; and where not otherwise and differently provided for,
one moiety thereof shall be to the use of the United States; and the other
moiety thereof to the use of the person, to be ascertained by the judgment
of the court, who shall first inform of the cause, matter, or thing whereby
any such fine>*p&nalty, or forfeiture was incurred : Provided, That in case
of any suit brought upon information received from any person, other than
a collector, deputy collector, assessor, assistant assessor, or inspector, of
internal revenue, the United States shall not be subject to any costs of United States
suit, nor shall the fees of any attorney or counsel employed by any such ^ ll ^ for oer -
officer be allowed in the settlement of his account unless the employment c *
of such attorney or counsel shall be authorized by the commissioner of
internal revenue, either express or by general regulations.

Seo. 42* And be it farther enacted, That if any person, in any case, Falge 8Wearfng
matter, hearing, or other proceeding in which an oath or affirmation shall under this act to
be required to be taken or administered under and by virtue of this act, TOT.ar^ and
shall, upon the taking of such oath or affirmation, knowingly and wilfully 80 pani8hed *
swear or affirm falsely, every person so offending shall be deemed guilty
of perjury, and shall, on conviction thereof, be subject to the like punish-
ment and penalties now provided by. the laws of the United- States for the
crime of perjury*

SEC. 48* And be it farther enacted, That separate accounts shall be Separate ac-
kept at the treasury of all moneys received from internal duties or taxes ^^tobekept
in each of the respective states, territories, and collection districts ; and ^me^h^Sf
that separate accounts shall be kept of the amount of each species of duty &c
or tax that shall accrue, so as to exhibit, as far as may be, the amount
collected from each source of revenue, with the moneys' paid as compen-
sation and for allowances to the collectors and deputy collectors, assessors
and assistant assessors, inspectors, and other officers employed in each of
the respective states, territories, and collection districts, an abstract in
tabular form of which accounts it shall be the duty of the. Secretary Of the Abstract for
Treasury, annually, in the month of December, to lay before congress.

Sec. 44. And be it farther enacted. That the commissioner of internal Commissioner
revenue, subject to regulations prescribed by the Secretary of the Treas- ma 7 rarit err*,
ury, shall be, and is hereby, authorized, on appeal to him made* to remit, J^S^Sanes,
refund, and pay back all duties erroneously or, illegally assessed or col- compromise
lected, and all duties that shall appear to be unjustly assessed or excessive
in amount, or in any manner wrongfully collected, and also repay to col-
lectors or deputy collectors the full amount of such sums of money aa
shall or may be recovered against them or any of them them in any court,

240 THIRTY-EIGHTH CONGRESS. Sxss. X Ca 173. 1864.

for any internal duties or licenses collected by them, with the costs and
expenses of suit, and all damages and costs recovered against assessors,
assistant assessors, collectors, deputy collectors, and inspectors, in any suit
which shall be brought against them or any of them by reason of anything
that shall or may be done in the due performance of their official duties,
and also compromise such suits and all others relating to internal revenue.
And all judgments and moneys recovered or received for taxes, costs, for-
feitures, and penalties shall be paid to the collector as internal 'duties are
required to be paid $ and all sums of money which the commissioner is
authorized to pay by Virtue of this section shall be paid by drafts drawn
on collectors of internal revenue.
Bin of sale of Sbc. 45. And be it further enacted. That in all cases of distraint and
^^nt&».^to 8a * e °^ S 00 ** 8 or chattels for non-payment of taxes, duties, or licenses, as
be evidence of provided for, the bill of sale of such goods or chattels given by the officer
what making such sale, to the purchaser thereof, shall be prima facie evidence

of the right of the officer to make such sale, and conclusive evidence of
the regularity of his proceedings in selling the same*
Proceedings in Sbc. 46. And be it further enacted, That if, .for any cause, at any time
states where jaws after this act goes into operation, the laws of the United States cannot be
executed. executed in a state or territory of the United States, or any part thereof,

or within the District of Columbia, it shall be the duty of the President,
and he is hereby authorized, to proceed to execute the provisions of this
act within the limits of such state or territory, or part thereof, or Dis-
trict of Columbia, so soon as the authority of the United States therein
shall be reestablished, and to collect the taxes, duties, and licenses, in sucb
states and territories under the regulations prescribed in this act, so far
as applicable ; and where not applicable, the assessment and levy shall
be made, and the time and manner of collection regulated, by the instruc-
tions and directions of the commissioner of internal revenue, under the
direction of the Secretary of the Treasury*

Sbc. 47. And be it further enacted, -That the officers who may be
appointed under this act, except within those districts within any state or
territory which have been or may be otherwise especially provided for by
Officers under law, shall be, and hereby are, authorized, in all cases where the payment

Srect C ta^. C ° lleCt °^ sacn tBX 8oa ^ not naire ^ een ^ same< ^ °7 the state, to perform all the

duties relating to or regarding the assessment and collection of any direct
tax imposed, or which may be imposed by law.
Certain goods, Sec. 48. And be it further enacted, That all goods, wares, merchandise,
to io1dT^in° arfcic ^ e8 or objects *> n which duties are imposed by the provisions of law,
fraud of the rev- which shall be found in the possession or custody, or within the control, of
enae. to be for- an y person or persons, lor the purpose of being sold or removed by such
***** person or persons in fraud of the internal rere^ue laws, or with design to

avoid payment of said duties^ may be seized by any collector or deputy
collector, who shall have reason to believe that the same are possessed,
had, or held for the purpose or design aforesaid, and the same shall be
forfeited to the United States ; and also all articles of raw materials round
in the possession of any person or persons intending to manufacture the
same for the purpose of being sold by them in fraud of said laws, or with
design to evade -the payment of said duties, and also all tools, implements,
instruments, and personal property whatsoever, in the place or building,
or within any yard or enclosure where such articles on which duties are
imposed, as aforesaid, and intended to be used by them in the fraudulent
manufacture of such raw materials, shall be found, may also be seized by
any collector or deputy collector, as aforesaid ; and the same shall be for-
Foxfeitare,how feited as aforesaid ; and the proceedings to enforce said forfeiture shall
enfi>rced ' be in the nature of a proceeding: in rem in the circuit or district court of

the United States for the district where such seizure is made, or in any
other court of competent jurisdiction. And any person who shall have in
his custody or possession any stum goods, wares, merchandise, articles or

THIRTY-EIGHTH CONGBES& Sbss. 1 Ch.173. 1864

241

objects subject to duty as aforesaid, for the purpose of selling the same Penalty on
with the design of avoiding payment of the duties imposed thereon, shall f^^Sf w ,
be liable to a penalty of five hundred dollars, or not less than doable the custody, &c
Amount of duties fraudulently attempted to be evaded, to be recovered in
any court of competent jurisdiction ; and the goods, wares, merchandise,
articles or objects which shall be so seized by any collector or deputy
collector, may, at the option of the collector, during the pendency of such
proceedings, be delivered to the marshal of said district, and remain in his
care and custody and under his control until final judgment in such pro-
ceeding shall be rendered : Provided, however, That when the property
so seized may be liable to perish or become greatly reduced in value by Perishable
keeping, or when it cannot be kept without great expense, the owner artio * 88 '
thereof, the collector, or the marshal of the district, may apply to the as-
sessor of the district to examine said property ; and if, in the opinion of
said assessor^ it shall be necessary that the said property should be sold
to prevent such waste or expense, he shall appraise the same ; and the
owner thereupon shall have said property returned to him upon giving
bond in such form as may be prescribed by the commissioner of internal
revenue, and in an amount equal to the appraised value, with such sure-
ties as the said assessor shall deem good and sufficient, to abide the final
order, decree, or judgment of the court having cognizance of the case,
and to pay the amount of said appraised value to the collector, marshal,
or otherwise, as he may be ordered and directed by the court, which bond
shall be filed by said assessor with the commissioner of internal revenue.
But if said owner shall neglect or refuse to give said bond, the assessor
shall issue to the collector or marshal aforesaid an order to sell the same;
and the said collector or marshal shall thereupon advertise and sell the
said property at public auction in the same manner as goods may be sold
on final execution in said district; and the proceeds of the sale, after de-
ducting the reasonable costs of the seizure and sale, shall be paid to the
court aforesaid, to abide its final order, decree, or judgment.

Sec. 49. And be it further enacted, That all the provisions hereinafter Subsequent
made for the delivery of returns, lists, statements, and valuations, and for 5JJ^Jf , 5-^ U>
additions to the duty in case of raise or fraudulent lists or returns, or in case w hat.
of undervaluation or understatement on lists or returns, or in case of
refusal or neglect to deliver lists or returns, and for the imposition of fines,
penalties, and forfeitures, shall be held and taken to apply to all persons,
associations, corporations, or companies liable to pay duty or tax ; and any
additions* to duties, fines, penalties, or forfeitures hereinafter imposed for
failure to perform any duty required to be performed, shall be held and
taken to be additional to those hereinbefore provided.

Sec. 50. And be it further enacted, That the provisions of the act enti- Act of 1833, ch.
tied "An act further to provide for the collection of duties on imports? J^t w* 1 ***
approved March second, one thousand eight hundred and thirty-three, now Vol. iv. p. 633.
in force, shall be taken and deemed as extending to and embracing all
cases arising under the laws for the collection of internal duties, stamp
duties, licenses, or taxes, which have been, or may be hereafter, enacted ;
and all persons duly authorized to assess, receive, or collect such duties
or taxes under such laws are hereby declared to be, and "to have been, Revenue
revenue officers within the true intent and meaning of the said act, and officer8 *
entitled to all the exemptions, immunities, benefits, rights, and privileges
therein enumerated or conferred.

Sec. 51. And be U fwrther enacted, That the provisions of the sixteenth Aetofl848 t ch.
section of the act approved August sixth,' eighteen hundred and forty-six, J&, § tt> to »JW
entitled "An act to provide for the better organization of the- treasury, ^Sh^o^T 8
and for the collection, safe-keeping, transfer, and disbursement of the pub- under this act.
lie revenue," are hereby applied to, and shall be construed to include, all Y o1 * P*
officers of the internal revenue, charged with the safe-keeping, transfer., or
disbursement of the public moneys arising therefrom, and to all other per-

vol. xm. Pub. — 21

242

TSEBTt-EIGHTH CONGRESS* Ssssu L Ch. 178. 1864

ion's having actual charge, custody, or control of moneys or accounts arising
from the administration of the internal revenue*
.Assessors, &&, Sec 52. [And be U further enacted,"] That "all assessors and their as*
^r^&c!"*^ sistants, all ^collectors and their deputies, and all inspectors, are hereby
oa ^\ authorized to administer oaths and take evidence touching any part of the

p * administration of this law with which they are respectively charged, and
where such oaths and evidence are by law authorized to be taken ; and
any perjury therein shall be punished in the like manner, and to the same
degree, as in the ease of perjury committed in proceedings in the courts
of the United-States.

Spirits, ale, SPIRITS, ALB, BBBB, AND POBTBB.

beer, and porter.

Post, p. 471. Sec. 58. And he it further enacted, That any person required by law
to be licensed as a distiller, shall, in addition to what is required by other

II Apptic& dfetUkr P 10 ™ 8 * 0118 °f 3a w * make an application therefor to the .assessor of the dis-

togSve bond. trict, and before the same is issued the person so applying shall give bond

to the United States, in such sum as shall be required by the collector,
Conditions of and with one or more sureties, to be approved by said collector, conditioned

bond * that in case any additional still or stills, or other implements to be used as

aforesaid, shall be erected by him, his agent or superintendent, he will,
before using,, or causing, or permitting the same to be used, report in
writing to the said assessor the capacity thereof, and information from
time to time of any change in the form, capacity, ownership, agency, or
superintendence, which all or either of the said stills or other implements
may undergo, and that he will from day to day enter; or cause to be
.entered, in a book to be kept for that purpose, the number of gallons of
spirits that may be distilled by said still or stills, or other implements,
and also of the quantities of grain or other vegetable productions, or other
substances put into the mash-tub, or otherwise used by him, his agent or
superintendent, fbr the purpose of producing spirits ; and said book shall
be open at all times during the day (Sundays excepted) to the inspection
of the said assessor, assistant assessor, collector, deputy collector, or inspec-
tor, who may make any memorandums or transcripts therefrom ; and also
that he will render to the said assessor or assistant assessor, on the first,
eleventh, and twenty-first days of each and every month, or within five
days thereafter, during the continuance of said license, an exact account
in writing, of the number of gallons of spirits distilled, and also of the
number of gallons placed in warehouse and the number sold or removed
for consumption or. sale by him, his agent or superintendent, and the
proof thereof, and also of the quantities of grain or other vegetable pro-
ductions, or other substances, put into the mash-tab, or otherwise used
by him, his ageit or superintendent, for the purpose of producing spirits,
for the period or fractional part of a month then next preceding the* date
of said report, which said report shall be verified by affidavit iot the
manner prescribed by law ; that he will not sell or permit to be sold, or
removed for consumption or sale, any spirits distilled by him under and
by virtue of - his said license, until the same shall have been inspected,
gauged, and proved, and the quantity thereof duly entered upon his
books as aforesaid; and that he -will, at the time of rendering said
account, pay to the said collector, or his deputy, the duties which by law
are imposed on the spirits so distilled* And the said bond may be
renewed or changed from time to time, in regard to the amount and
sureties thereof according to the discretion of the collector*
AppHtatCoa to Ssc. 54 And.be U further enacted. That the -application in writing

state what. made by any person for a license for distilling as aforesaid, shall state

.the place of distilling, the number and capacity of the still or stills,
Poa t p. 471. boiler or boilers, and the name of the person, firm, company, or corpora*
tion using the same ; and any person making a false statement in either

THIRTY-EIGHTH CONG-RESSj Sjsss.L Ca. 178." 1884 2*8

of the said particulars shall forfeit and pay the sum of one hundred - Penalty for
dollars, to be recovered with costs of suit false statement

Sec. 55. And be it farther enacted, That in addition to the duties pay- Duties on spir-
able for licenses herein provided, there shall be levied, collected, and paid [g^f ditIoD *
on all spirits that may be distilled and sold, or distilled and\ removed for
consumption or sale, of first proof, on and after the first ,day of July, [February
eighteen hundred and sixty-four, and prior to the first day of February* changed to Jan-/
eighteen hundred and sixty-five, a duty of one dollar and fifty cents on Pott > p*
each and every gallon ; and on and after February first, eighteen hundred
and sixty-five, a duty of two dollars on each and every gallon. And all
spirits which may be in the possession of the distiller, or in public store or Spirits in store,
bonded warehouse, on either the first day of July or February aforesaid,
no duty having been paid thereon, shall be held and treated as if distilled
on those days respectively, and said duty shall be paid by" the owner,
agent, or superintendent of the still or other vessel 'in which the said
spirits shall have been distilled, within five days after the time of render-
ing the accounts of spirits so chargeable with duly, required to be ren-
dered by law* And the said duties shall be a lien on the distillery used Duties to be a
for distilling the same, with the stills, vessels, fixtures, and tools therein, Hen.
and on the lot or tract of land whereon the said distillery is situated, until -ft*** P* 472 »
the said duty shall be paid : Provided, That the duty on all spirits shall Provisos,
be collected at no lower rate than the basis of first proof, and shall be
increased in proportion for any greater strength than the strength of first Pot! ^ p* 473*
proof : Provided, further, That any person who shall distil spirits and use
the same in the manufacture of any other article, without having taken
out a license and paid such duties as are prescribed by law in relation
thereto, shall, in addition to all other penalties and forfeitures, be liable to
pay one hundred per centum additional duties thereon.

Sec. 56. And be it farther enacted, That the term first proof used in "First proof"
this act and in the laws of the United States shall be construed, and is to mean what
hereby declared to mean, that proof of a liquor which corresponds- to fifty
degrees of Tralle's centesimal hydrometer, adopted by regulation of the
Treasury Department, of August twelfth, eighteen hundred and fifty, at
the temperature of sixty degrees Fahrenheit's thermometer* And in
levying duties on liquors above and below proof, the table contained in
the manual for inspectors of spirits, prepared by Professor McCulloeh,
under the superintendency of Professor Bacbe, and adopted by the Treas-
ury Department, shall be used and taken as giving the proportions of
absolute alcohol in the liquids gauged and proved according to which
duties shall be levied, until otherwise ordered by the Secretary of the
Treasury, who is hereby authorized to adopt such hydrometers and pre- rQ « tob ^
scribe such rules and regulations- as he may deem necessary to insure a w fiat. Post, p.
uniform system of inspection and gauging of spirits subject to duties 472.]
throughout the United States.

Sec. 57. And be it farther enacted, That every person who shall be Distillers, &&,
the owner of any still, boiler, or other vessel, used, or intended to be used, ^^unts^f Ct ir-
for the purpose of distilling spirituous liquors, as hereinbefore provided, its, &c, distiSed,
or who shall have such still, boiler,' or other vessel under his superintend- **•
ence, either as, agent for the owner or on his own account ; and every
person who shall use any still, boiler, or other vessel, as aforesaid, either
as owner, agent, or otherwise, shall, from day to day, make true and exact
entry, or cause to be entered in a book to be kept for that purpose, the
number of gallons of spirits distilled, and also the number of gallons
placed in warehouse, and also the number sold, or removed for consump-
tion or sale, and the proof thereof; which book shall always be open in
the daytime, (Sundays excepted,) for the inspection of the said assessor,
assistant assessor, collector, deputy collector, or inspector, whd may take
any minutes, memorandums, or transcripts thereof; and shall render to
said assessor or assistant assessor, on the first, eleventh, and twenty-first

244

THIRTY-EIGHTH CONGRESS. Sbss. I. Ch. 178. 1864

Distillers to
render accounts
three times a
month.

Proviso.

Brandy from
grapes.
Pott, p. 472,

Inspectors of
spirits, coal-oil,
tobacco, &c

Penalty for
obstructing*

Spirits dis-
tilled to be
inspected and
gauged.

Post, p. 472.

Penalty for
changing marks
fraudulently.

Posty p. 472.

days of each and every month in each year, or within five days there-
after, an account in duplicate, taken from his books, of the number of
gallons of spirits distilled, and also the number of gallons sold, or removed
for consumption or sale, and the proof thereof, not before accounted for ;
and shall also keep a book, or books, in* a form to be prescribed by the
commissioner of internal revenue, and to be open at all seasonable hours
for inspection by the assessor, assistant assessor, collector, deputy collector,
or inspector of the district, wherein shall be entered, from day to day, the
quantities of grain, or other vegetable productions, or other substances
put into the mash-tub by him,. his agent or superintendent, for the purpose
of producing spirits ; and shall verify, or cause to be verified, the said
entries, reports, books, and accounts, by oath or affirmation, to be taken
before the assessor or assistant assessor, or other competent officer, accord-
ing to tbe form required by law, and shall immediately forward to the
collector of the district one of the said duplicate accounts, duly verified, as
aforesaid ; and shall also pay to the collector the duties on the spirits so
distilled and sold, or removed for consumption or sale, and in said accounts
mentioned at the time of rendering the duplicate account thereof : iW*
vided, That distillers who distil or manufacture less than one hundred and
fifty barrels of spirits per year may make returns and pay duties on the
first day of each and every month in lieu of the first, eleventh, and twenty-
first days of the month, and furnish bonds correspondingly, anything to the
contrary notwithstanding : And provided, further, That brandy distilled
from grapes shall pay a tax of twenty-five cents per gallon*

Sec. 58. And be it forther enacted, That there shall be appointed by
the Secretary of tbe Treasury, in every collection district where the same
may be necessary, one or more inspectors of spirits, refined coal-oil or
other oil, tobacco, cigars, and other articles, who shall take an oath faith-
fully to perform their duties, in such form as the commissioner of internal
revenue shall prescribe, and who shall be entitled to receive such fees as
may be fixed and prescribed by said commissioner, to be paid by the
owner or manufacturer of the articles inspected, gauged, or proved* And
any manufacturer of spirits, refined coal-oil, or other oil, tobacco, cigars,
or other articles which may by law be required to be inspected, who shall
refuse to admit 'an inspector upon his premises, so far as it may be neces-
sary for the performance of his duties, or who shall obstruct an inspector
in the performance of his duties, shall forfeit tbe sum of one hundred dol-
lars, to be recovered in the manner provided for other penalties imposed
by this act

Sec. 59. And be it further enacted, That all spirits, distilled as afore-
said by any person licensed as aforesaid, shall, before the same are used,
or removed for any purpose, be inspected, gauged, and proved by some
inspector appointed for the performance of such duties, who shall mark
upon the cask or other package containing such spirits, in a manner to be
prescribed by said commissioner, the quantity and proof of the contents
of such cask or package, with the date of inspection and the name of the
inspector, and snail' make a return of all spirits so inspected, and the
name of the distiller, to the collector, and a duplicate thereof to the as-
sessor of the district ; and the duty imposed by law shall be paid on all
spirits so inspected and not removed forthwith to a bonded warehouse.
And any person who shall attempt fraudulently to evade the payment of
duties upon any spirits distilled as aforesaid, by changing in /my manner the
mark upon any such cask or package, shall forfeit the sum of one hundred
dollars for each cast or package so altered or changed, to be recovered as
hereinbefore provided. And any such inspector who shall knowingly pat
upon any such cask or package any false or fraudulent mark shall be
liable to the same penalty hereinbefore provided for each cask or package
so fraudulently marked. And any person who shall purchase or sell any
empty cask with the inspection marks thereon, or who shall fraudulently

THIBTY-3S1GHTH CONGRESS. Sbss.L Ch. 173. 1864

245

nse any cask or package so marked, for the purpose of selling any other
spirits than that so inspected, or for selling spirits of a quality or quan-
tity different from that so inspected, shall be subject to a like penalty for
each cask or package so purchased, sold, or used.

Sbo* 60. 2nd be it further eiUwted, That the owner or owners of any Owners of dte-
distiUery or oil refinery, may provide, at his or their own expense, a ti11 "£* ma y
warehouse, in conformity with such regulations as the Secretary of the Eottae^&cf"*"
Treasury may prescribe; and such warehouse, when approved by the *
collector, is hereby declared a bonded warehouse of the Xjnited States,
and shall be used only for storing distilled spirits or refined coal-oil, or
naphtha, and to be under the custody of the collector or his deputy* And
the duty on the spirits, coai-oil, or naphtha stored in such warehouse shall
be paid before it is removed from such warehouse, unless removed in pur-
suance of law.

Sec. 61. And be it further enacted, That all distilled spirits, and all Spirits, oil,
refined coal-oil and naphtha, upon which an excise duty is imposed by ^^mavl^re^*
law, may, after being inspected, gauged, proved, and marked by the in- m0 ved without
spector according to the provisions of this act, be removed, without pay- payment of duty,
xnent of the duty, under such rules and regulations, and upon the execu-
tion of such transportation bonds or other security as the Secretary of po$^ p. 473.
the Treasury may prescribe. The said spirits, oil, or naphtha so removed
shall be transferred directly from the distillery or refinery to a bonded
warehouse, established in conformity with law and treasury regulations,
and may be transported from such warehouse to any one other bonded
warehouse used for the storage of distilled spirits, coal-oil, or naphtha*
And after die arrival of such distilled spirits, coal-oil, -or naphtha, at the
bonded warehouses within the district of the assessor to which k has been
transferred, it shall be again inspected, and the duty shall be assessed and
paid on any deficiency or reduction of the number of proof gallons be-
yond such allowance for leakage as may be established by the regulations
of the commissioner of internal revenue, received at the warehouse,
from the number of proof gallons as stated in the bond given at the place
of shipment. And any distilled spirits, coal-oil, or naphtha in the public
warehouses shall be subject to the same rules and regulations, and be
chargeable with the same costs and expenses in all respects to which im-
ported goods deposited in public store or bonded warehouse may be sub-
ject ; and shall be in charge of a proper officer, to be designated by the
Secretary of the Treasury, who, with the owner and proprietor of the
warehouse, shall have the joint custody of all the distilled spirits, oil, or
naphtha so stored in said warehouse, which shall be at the risk of the
owner of the said spirits, oil, or naphtha. And all labor on the same
shall be performed by the owner or proprietor of the warehouse, under
the supervision of the officer in charge of the same, and at the expepse
of said owner or proprietor of the warehouse. And no drawback shall Drawback,
ii- any ease be allowed on any distilled spirits, coal-oil, or naphtha, upon p. 472.
which an excise duty shall have been paid, either before or after it shall
have been placed in a bonded warehouse : Provided, That any distilled Spirits, &c
spirits, coal-oil, or naphtha may be withdrawn from the bonded warehouse with "
after payment, to the collector of internal revenue for the district in which wn *
the warehouse is situated, of the duty imposed by law, or may be removed
without payment of the duty for the purpose of being exported, or for the
purpose of being redistilled for export, after the quantity and proof of Post, p. 472.
the spirits,, oil, or naphtha to be removed has been ascertained and in-
spected according to the provisions of law, under such rules and regula-
tions and the execution of such bond or other security as the Secretary
of the Treasury may prescribe* * And any spirits, oil, or naphtha so
removed for distillation shall be returned to the warehouse and shall be
again inspected, and the duty shall be paid to the said collector on 'any
deficiency or reduction beyond the allowance for loss by redistillation

21*

2» THIRTY-EIGHTS CONGRESS. &sm. L Cfe 178..

established by the commissioner of internal revenue, in the number of
proof gallons received at the warehouse for the purpose of being exported
as aforesaid. And nothing in this section shall be construed to prevent
the manufacture for exportation, without payment of duty, of medicines,
preparations, compositions, perfumery, cosmetics, cordials, and other liq-
uors manufactured wholly or in part of domestic spirits, as provided for in
this act

taiStfSojL^S" ® E0 * J ^ & farther enacted, That the entries required to be
be verified by ma <* e in the books of the distiller, as aforesaid, shall, on the first, eleventh,
oath. and twenty-first days of each and every month, t>r within five days there-

after, be verified by oath or affirmation of the person or persons by whom
such entries shall have been made, which oath or affirmation shah be
certified at the end of such entries by the assessor, or assistant assessor,
or officer adininistering the same, and shall be, in substance, as Mows:
u I do swear (or affirm) that the foregoing entries were made by me on
the respective days specified, and that they state, according to the best of
my knowledge and belief, the whole quantity of spirituous liquors dis-
tilled and sold, or removed for consumption op sale, at the distillery owned

by , in the county of , amounting to gallons, accord*

ing to proof prescribed by the laws of the United States."
Oath where Sec. 63. And be it farther enacted, T*hai the owner, agent, or superin~

€Dtr * es not j Pendent aforesaid, shall, in case the original entries required to be made
personally made. in hig books by ^ act shall not bave been made by himself subjoin to

the oath or affirmation of the person by whom they were made the fol-
lowing oath or affirmation, to be taken as aforesaid : u I do swear (or
affirm) that, to the best of my knowledge and belief, the foregoing entries
are just and true, and that I have taken all the means in my power to
make them so."

Sbo. 64. And be it farther enacted, That there shall be paid on all
Doty on beer, beer, lager beer, ale, porter, and other similar fermented liquors, by what-

ale, and porter. ever name such liquors may be called, a duty of one dollar for each and

every barrel containing not more than thirty-one gallons, and at a like
rate for any other quantity, or for fractional parts of a barrel, which shall
be brewed or manufactured and sold, or removed for consumption or sale,
within the United States or the territories thereof, or within the District
of Columbia ; which duty shall be paid by the owner, agent, or superin-
tendent, of the brewery or premises in which such fermented liquors shall
be made, and shall be paid at the time of rendering the accounts of such
fomented liquors so chargeable with duty, as hereinafter required : Pro*
Fractional parts inded, That fractional parts of a barrel shall be halves, thirds, quarters,

of a barrel* sixths, eighths, and sixteenths; and any fractional part containing less

than one sixteenth •shall be accounted one sixteenth more than one six*
teenth, and not more than one* eighth, shall be accounted one eighth ;
more than one eighth, and not more than one sixth, shall be accounted
one sixth ; more than one sixth, and not more than one quarter; shall be
accounted one quarter j more than one quarter, and not more than one
third, shall be accounted one third ; more than one third, and not more
than one half, shall "be accounted one half; more than one half shall be
Proviso. accounted one barrel: Provided further, That beer, lager beer, ale, por-
ter, and other fermented liquors in bottles,' shall be assessed, according to
the quantity contained therein, at the rate of one dollar for thirty-one
gallons, when the duty has not been previously paid on the liquors con-
tained therein.

Owners of Sec. 65* And be U farther enacted, That every person owning or occu-
makeeateteB in PJ™% any brewery or premises used or intended to be used for the pur-
books, pose of brewing or making such fermented liquors, or who shall have such

premises under his control or superintendence as agent for the owner or
occupant, or sjiall have in his possession or custody any vessel or vessels
intended to be used on said premises in the manufacture of beer, lager

THIRTY-EIGHTH CQNGBSSS. Ssss»X» Cfl. 178. 1&64.

feeer, ale, porter, or other similar fermented. liquors, either .as ewner T
agent, or otherwise, shall, from day to day, enter, or cause to be en**
tered, in * book to be kept by him for that propose, and which shall
be open at all times, (except Sundays,) between the rising and setting
of the sun, for the inspection of said assessor, assistant assessor, collector,
deputy collector, or inspector, who may take any minutes or memoran-
dums or transcripts thereof, the quantity, packages, or number of bar*
rels and fractional parts of barrels of fermented liquors made, and also
the quantify sold, or removed for consumption or side, keeping separate
account of the several kinds and descriptions ; and shall reader to said Owners of
assessor or assistant assessor, on the first day of each month in each year,
or within ten days thereafter, a general account in writing, taken from his counts monthly,
books, of the quantity or number of barrels and. fractional parte of bar-
rels of each kind of fermented liquors made, and also of the quantity
sold, or removed for consumption or sale, for one , month preceding said
day ; and shall verify, or cause to be verified, the said entries, reports,
>ks, and general accounts, and the facts therein set forth, on oath or
affirmation, to be taken before the assessor or assistant assessor, or other
competent officer, according to the form required by law ; and shall imme-
diately forward to the collector of the district one of the said duplicate
accounts, duly certified by the assessor or assistant assessor, and shall also
pay to the said collector the duties which are imposed by law on the liq- *jJjLw duties
nor made and sold, or removed for consumption or sale, and in the said mo ^'
accounts mentioned, at the time of rendering the duplicate account thereof
as aforesaid. But where the manufacturer of any beer, lager beer, or
ale, manufactures the same in one collection district, and owns or occupies. tf mandatory
a depot or warehouse for the storage and sale of such beer, lager beer, or i^5areSw^i
ale in another collection district, he may*, instead of paying to the collector another,
of the district where the same was manufactured the duties chargeable
thereon, present to such assessor or assistant assessor an invoice of the
quantity or number of barrels about to be removed for the purpose of
storage and sale, specifying in such invoice the depot or warehouse in
which he intends to place such beer, lager beer, or ale ; and thereupon
such assessor or assistant assessor shall indorse on such invoice his per-
mission for such removal, and the assessor or assistant assessor shall, at
the same time, transmit to the collector of the district in which such depot
or warehouse is situated a duplicate of such invoice ; and thereafter the
manufacturer of the beer, lager beer, or ale so removed shall render the
same account, and pay the same duties, and be subject to the same liabili-
ties and penalties as if the beer, lager beer, or ale had been manufactured
in the district to which the same has been removed. The commissioner
of internal revenue may prescribe such rules as he may deem necessary
for the purpose of carrying the provisions of this section into effect.

Sbo. 66. And be it further enacted, That the entries made in the Entaestobe
books required to be kept* by the foregoing section shall, on said first day °y «r

of each and every month, or within ten days thereafter, be verified
by the oath or affirmation of the person or persons by whom,, such entries
shall have been made, which oath or affirmation shall be certified at the
end of such entries by the assessor or assistant assessor, or other compe-
tent officer administering the same, and shall be, in substance, as follows :
"I do swear (or affirm) that the foregoing entries were made by me on the
respective days specified, and that they state, according to the best of my
knowledge and belief, the whole quantity of fermented liquors 1 either

brewed, or brewed and sold at the brewery owned bV — , in

the county of , amounting to barrels."

Sbo. 67. And be it further enacted, That the owner* agent, or superin- Oath where
tendent aforesaid, shall, in case the original entries required to be made in 2£55^ made,
his books shall not have been made by himself subjoin to the oath or
affirmation the following oath or affirmation, to -be taken as aforesaid; "I

248

THiRTY-EIGHTH CONGRESS- Sass- I* CM. 173. 1864.

do swear (or affirm) thai, to the best of 1117 knowledge and belief, the
foregoing entries are just and true, and that I have taken all the means
in my power to make them so."

Penalty for re- Sec. 68. And be & further enacted, That the owner, agent, orsuperin-
to^^entti«B * ea ^ ea * of any vessel or vessels used in making fermented liquors, or of
and reports. any still, boiler, or other vessel used in the distillation of spirits on which

doty h payable, who shall neglect or refuse to make true and exact entry
and report of the same, or to do, or cause to be done, any of the things, by
law required to be done as aforesaid, shall forfeit for every such neglect or
refusal all the liquors and spirits made by or for him, and all the vessels
used in making the same, and the stills, boilers, and other vessels used in
distillation, together with the sum of five hundred* dollars, to be recovered

Post, p. 472. with costs of suits $ which said liquois or spirits, with the vessels contain*
ing the same, with all the vessels used in making the same, may be seized
by any collector or deputy collector of internal duties, and held by him

Ftovisoe. until a decision shall be had thereon according to law : Provided, That
such seizure be made within thirty days after the cause for the same shall
have come to the knowledge of the collector or deputy collector, and thai

Posiy p. 472. proceedings to enforce said forfeiture shall have [been] commenced by such
collector within twenty days after the seizure thereof. And the proceed-
ings to enforce said forfeiture of said property shall be in the the nature
of a proceeding in rem, in the circuit or district court of the United States
for the district where such seizure is made* or in any other court of com-
petent jurisdiction.

Ten percent Sec. 69. And be it further enacted, That in all cases in which the du-
dotta ^SenSt** ^ aforesaid, payable on spirits distilled and sold, or removed for consump-
paid in time, &c* tion or sale, or beer, lager beer, ale, porter, and other similar fermented

liquors, shall not be paid at the time of rendering the account of the same,
or at the time when they shall have become payable, as herein required,
to the eollector or deputy collector of the district, the person or persons
chargeable therewith shall pay, in addition, ten per centum on the amount
thereof ; and, until such duties, with such addition, shall be paid, they
Duties tmtn shall be and remain a lien upon the' distillery where such liquors have been
grid, to be a Ben* distilled, and upon the brewery where such liquors have been brewed, and

upon the stills, boilers, vats, and all other implements thereto belonging, and
upon the lot or tract of land whereon the distillery or brewery is sitaate,
until the same shall have been paid. And in case of refusal or neglect
to pay said duties, with the addition, within ten days after the same shall
have become payable, the amount thereof may be recovered by distraint
and sale of the goods, chattels, and effects of the delinquent.

Sec. 70. And be it farther enacted, That every person licensed as
Penalty for not aforesaid to distil spirits, or licensed as a brewer, who shall neglect or
JjJJjJjf^ a °- refuse to furnish the account and duplicate thereof, as hereinbefore pro-

vided, or who shall refuse to permit the said assessor, assistant assessor,
collector or deputy collector, or inspector to examine the books in the man-
ner provided for, when requested, shall, for every such refusal or neglect,
forfeit the sum of three hundred dollars.

License*. UOBNSBS.

Certain persons Sec. 71. And be it further enacted, That no person, firm, company, or
bSaaneww^s 1 corporation 3haH be engaged in, prosecute, or carry on any trade, business,
licensed. or profession, hereinafter mentioned and described, until he or they shall

have obtained a license therefor in the manner hereinafter provided.
Persona, &c, Sec. 72. And be it farther enacted, That every person, firm, company,
&&^u?as8ea? or t^pon^tion required by this act to obtain a license to engage in any
ore.* trade, business, or profession, for which a license is required by law, shall

register with the assistant assessor of the assessment district, in which he
shall design to carry on such trade, business, or profession, first, his or their *
name or style, and in case of a firm or company, the names of the several

THISTY-EIGHTBt G08GJBB8& Shk. L €h.17S. 18$4 239

persons constituting sach firm or company, and their places of .residence ; Names to lie
second, the trade, business, or profession for which a license is desired ; to
third, the place where sach trade, business, or profession is to be carried
on ; fourth, if a rectifier, the number of barrels he designs to rectify; if
a peddler, whether he designs to travel on foot, or with one, two, or more
horses ; if an innkeeper, the yearly rental value of the house and prop-
erly to be occupied for said purpose; if not rented, the assistant assessor
shall value the same* All of which facts shall be returned duly certified
by such assistant assessor, both to the assessor and collector of the district;
and thereupon, upon* payment to the collector or deputy collector of the
district the amount as hereinafter provided, such collector or deputy col-
lector shall make out and deliver a license for such trade, business, or
profession.

Sue* 73. And be it farther enacted, That if any person, or persons Penalty for
shall exercise or carry on any trade, business, or profession, or do any act
hereinafter mentioned, for the exercising, carrying, or doing of which
trade, business, or profession, a license is required by this act, without
taking out such license as in that behalf required, he, she, or, they shall,
for every such offence, besides being liable to the payment of the tax, be
subject to imprisonment for a term not exceeding two years, or a fine not
exceeding five hundred dollars, or both, one moiety of such fine to the use
of the United States, the other moiety to the use of the person who shall
first give information of the met whereby said forfeiture was incurred.

Sec- 74. And be it farther enacted. That in every license to be taken License to
out under or by authority of this act, shall be contained and set forth the 8tote w ;
purpose, trade, business, or profession for which such license is granted,
and the name and place of abode of the person or persons taking out the
same ; if for a rectifier, the quantity of spirits authorized to be rectified ;
if by a peddler, whether authorized to travel on foot, or with or [one J or Pent, p. 472.
two, or more horses, the time for whigh such license is to run, and the date
or time of granting such license, and (except in the case of auctioneers
and peddlers) the place at which the trade, business, or profession for
which such license is granted shall be carried on: Provided, That a license
granted under this act shall not authorize the person or persons, (except to authorize
lawyers, physicians, surgeons, dentists, cattle brokers,, horse-dealers, and t;
auctioneers,) or firm, company, or corporation mentioned therein, to exer-
cise or carry on the trade, business, or profession specified in such license
in any other place than that mentioned therein, or otherwise provided ;
but nothing herein contained shall prohibit the storage of goods, wares, or
merchandise in other places than the place of business, nor the sale by
manufacturers or producers of their own goods, wares, and merchandise,
at the place of production or manufacture, or at their principal office or
place of business, provided no goods, wares, and merchandise shaft be kept
for sale at such office* And every person exercising or carrying on any
trade, business, or profession, or doing any act for which a license is re-
quired, shall, on demand of any officer of internal revenue, produce such
license, and i aless he shall do so, may be taken and deemed to have no
license. And in case any peddler shall refuse to produce his or her license
when demanded by any officer of internal revenue, said officer may seize
the horse, wagon, and contents, or pack, bundle, or basket of any person so
refusing, and hold the same until the license is produced. And all licenses P*
granted after the first day of May in any year shall continue in force until e^JS^S^
the first day of May next succeeding, and shall be issued upon the payment w
of a ratable proportion of the whole amount of duty imposed for such
license ; and each license so granted shall be dated on the first day of the
month in which the liability therefor accrued.

Sec. 75. And be it further enacted, That upon the death of any person
or persons licensed under or by virtue of this act, or .upon the removal of ^ faafii
nay person or persons from the house or premises at which the trade, or removal of

250

THIBTT-EIGHTH CONGRESS- Sess. I Ca 178. . 1864

persons licensed,
what may be
done*

It person has
more than one
employment,
license must be
taken for each.

Provfce.

Auctioneers not
to sell goods at
nrivate sale-

Judicial sales,

Licenses not to
exempt from
operation of state
laws.

business, or profession mentioned in such license, was authorized, it may
and shall be lawful for the collector to authorize, by indorsement on
such license, or otherwise, as the commissioner of internal revenue shall
direct, the person or persons so removing, as aforesaid, to any other
place, to carry on the trade, business, or profession specified in such
license, at Hie place to which such person may have removed, or the exec-
utors or administrators, or the wife or child of such deceased person, or
the assignee or assigns of such person or persons so removing as aforesaid,
who shall be possessed of and occupy the house or premises before used
for such purpose as aforesaid, in like manner to exercise or carry on the
same trade, business, or profession mentioned in such license, in or upon
the same house or premises at which said person or persons, as aforesaid,
deceased or removing as before mentioned, by virtue of such license be-
fore exercised or carried on such trade, business, or profession, for or dur
ing the residue of the term for which such license was originally granted,
without taking out any fresh license for the residue of such term, until
the expiration thereof : Provided, always, That a fresh entry of the prem-
ises at wjiich such trade, business, or profession shall continue to be ex-
ercised or carried on, as aforesaid, shall thereupon be made by, and in the
name or names of, the person or persons to whom such authority, as afore-
said, shall be granted*

Soac. 76. Andy be it further enacted, That in every case where more
than one of the pursuits, employments, or occupations, hereinafter de-
scribed, shall be pursued or carried on in the same place, by the same per-
son at the same time, except as therein mentioned, license must be taken
out for each according to the rates severally prescribed : Provided, That
in cities and towns having a less population than six thousand persons
according to the last preceding census, one license, if so applied for, may
embrace the business of land warrant brokers, claim agents, and real
estate agents, upon payment of the highest fee for licenses applicable to
either one of said pursuits.

Sec. 77. And be it further enacted, That no auctioneer shall be author-
ized, by virtue of his license as such auctioneer, to employ any other
person to act as auctioneer in his behalf, except in his own store or ware-
house, or in his presence, or by virtue of said license to sell any goods or
other property at private sale; and any auctioneer who shall sell any
ds or commodities, otherwise than* by auction, without having taking
out a license for that purpose, shall be subject and liable to the penalty
imposed upon persons dealing in, or retailing, trading, or selling any such
goods or commodities without license, notwithstanding any license granted,
as aforesaid, for the purpose of exercising or carrying on the trade or
business of An auctioneer; and where such goods or commodities are the
property of any person or persons duly licensed tQ deal in, or retail, or
trade in, or sell the same, such person or persons having made lawful
entry of his, her, or their house or premises for such purpose, it shall and
may be lawful for any person exercising or carrying on the trade or busi-
ness of an auctioneer being duly licensed for that purpose, to sell such
goods or commodities for and on behalf of .such person or persons in said
house or premises, without taking out a separate license for such sale.
The provisions of this section shall not apply to judicial or executive
officers malting auction sales by virtue of any judgment or decree of any
court, nor public sales made by executors and administrators.

Sec 78. And be it farther enacted, That no license hereinbefore pro-
vided for shall, if granted, be held, or construed to exempt any person
carrying on the trade, business, or profession specified in said license from
any penalty or punishment provided by the laws of any state for carry-
ing on such trade, business, or profession, within such state, or in any
manner to authorize the commencement or continuance of such trade,
business, or profession, contrary to the laws of such state, or in places

THIRTY-EIGHTH CONGRESS* Sbss. L Ch. 179. 1864.

351

prohibited by municipal law ; nor shall any such license be held or con-
strued to prevent or prohibit any state from plating a duty or tax for
state or other purposes on any trade, business, or profession, for which a
license is required by this act ; no[r j shall any person carrying on any
trade, business, or profession, for which a license is required by this act, State laws not
be exempted from procuring such license, or from any penalty or punish- Si^^^lkenfle,
ment herein provided, by, or in consequence of, any state law either 9
authorizing or prohibiting such trade, business, or profession.

Sec* 79. And be it further enacted, That there shall be paid annually Sums for
for each license granted, the sum herein stated, respectively. Any num- to**^ 8 * ^
ber of persons, except lawyers, conveyancers, claim agents, physicians, copartners to
surgeons, dentists, cattle brokers, horse-dealers, and peddlers, carrying on nay but one
such* business in copartnership, may transact such business at the place I** "* exoept »
specified in their license, and not otherwise, that is Xo say: — .

One. Bankers, using or employing a capital not exceeding the sum of Bankets,
fifty thousand dollars, shall pay one hundred dollars for each license;
when using or employing a capital exceeding fifty thousand dollars, for
every additional thousand dollars in excess of fifty thousand dollars, two
dollars. Every person, firm, or company, and every incorporated or
other bank, having a place of business where credits are opened by the
deposit or collection of money or currency, subject to be paid or remitted
upon draft, check, or order, or where money is advanced or loaned on
stocks, bonds, bullion, bills of exchange, or promissory notes, or where
stocks, bonds, bullion, bills of 4 exchange, or promissory notes are received
for discount or sale, shall be regarded a banker under this act: Provided,
That any savings-bank having no capital stock, and whose business is ^SaviDgs-banks*
confined to receiving deposits and loaning the same for the benefit of its jjetnse?** °
depositors, and which does no other business of banking, shall not be
liable to pay for a license as a banker*

Two. Wholesale dealers, whose annual sales do not exceed fifty thou- Wholesale
sand dollars, shall pay fifty dollars for each license ; and if exceeding fifty deakt8,
thousand dollars, for every additional thousand dollars in excess of fifty
thousand dollars, one dollar. ' Every person shall be regarded, as a whole-
sale dealer under this act whose* business it is to sell, or offer to sell, a%y
goods, wares, or merchandise of foreign or domestic production, not in-
cluding wines, spirits, or malt liquors, whose annual sales exceed twenty-
five thousand dollars* And the license required by any wholesale dealer
shall not be for a less amount than his sales for the previous year, unless
he has made or proposes to make some change in his business that will, in
the judgment of the assessor or assistant assessor, reduce the amount of
his annual sales; nor shall any license as a wholesale dealer allow any
such person to act as a commercial broker : Provided, That any license
understated may and shall be again assessed, and that no person holding
a license as a wholesale dealer in liquors shall be required to take an ad-
ditional license on account of the sale of other goods, wares, or merchan-
dise on the same premises*

Three. Retail dealers shall pay ten dollars for each license. Every Retail dealers,
person whose business or occupation it is to sell or offer for sale any
goods, wares, or merchandise of foreign or domestic production, not
including spirits, wines, ale, beer, or other malt liquors, and whose annual
sales exceed one thousand, and do not exceed twenty-five thousand dol-
lars, shall be regarded as a retail dealer under this act

Four. Wholesale dealers in liquors, whose annual sales do not exceed Wholesale
fifty thousand dollars, shall pay fifty dollars for each license ; and if ex- dealers in liquors,
ceeding fifty thousand dollars, for every additional one thousand dol-
lars in excess of fifty thousand dollars, one dollar. Every person who
shall sell, or offer for sale, any distilled spirits, fermented liquors, or
wines of any kind, in quantities of more than three gallons at one lime
to the same purchaser, or whose annual sales, including sales of other

. 252

THIRTY-EIGHTH CONGRESS. Ss&s.' L Ch. 173- . 1864.

Befall dealers
in liquors.

Lottery-ticket
dealers.

Port, p, 473.

Horse-dealers.'
Proviso*

Lhrery-etable

Brokers.

Post, p. 472.

Pawnbrokers.

I^snd-warrant
brokers.

Cattle brokers.

Produce bro-
kers.

merchandise, shall exceed twenty-five* thousand dollars, shall he re-
garded & wholesale dealer in liquors.

Five. Retail dealers in liquors shall pay twenty-five dollars for each
license. Every person who shall sell or offer for sale foreign or
domestic spirits, wines, ale, beer, or other malt liquors in quantities of
three gallons or lees, or whose annual sales, including all sales of other
merchandise, do not exceed twenty-five thousand dollars, shall be re-
garded as a retail dealer in liquors under this act. But nothing herein
contained shall authorize the sale of any spirits, wines, or malt liquors
to be drank on the premises.

Six. Lottery-ticket dealers shall pay one hundred dollars for each
license. Every person, association, firm, or corporation who shall
make, sell, or offer to sell lottery tickets, or fractional parts thereof, or
any token, certificate, or device representing^ or intended to represent,
a* lottery ticket, or any fractional part- thereof, or any policy of num-
bers in any lottery, or shall manage any lottery or prepare schemes of
lotteries, or superintend the drawing of any lottery, shall be deemed a
lottery-ticket dealer under this act

Seven. Horse-dealers shall pay for each license the sum of ten dol-
lars. Any person whose business it is to buy or sell horses or mules
shall be regarded a horse-dealer under this act : Provided, That one
license having been paid, no additional license 1 shall be required of any
horse-dealer who keeps a livery-stable, nor of any livery-stable keeper
who may also be a horse-dealer.

Eight Livery-stable keepers shall pay ten dollars for each license.
Any person whose business it is to keep horses for hire, or to let, or to
keep, feed, or board horses for others, shatjl be regarded as a livery-stable
keeper under this act

Nine. Brokers shall pay fifty dollars for each license. Every person,
firm, or company, except such as hold a license as a banker, whose busi-
ness it is as a broker to negotiate purchases or sales of stocks, exchange,
bullion, coined money, bank notes, promissory notes, or other securities,
shall be regarded as a broker, under this act, and shall make oath or affir-
mation, according to the form to be prescribed by the commissioner of
internal revenue, that all their transactions are made for a commission:
Provided, That any person holding a license as a banker shall not be re-
quired to take out a license as a broker.

Ten. Pawnbrokers, using or employing a capital of not exceeding fifty
thousand dollars, shall pay fifty dollars for each license, and when using
Or employing a capital exceeding fifty thousand dollars, for every addi-
tional thousand dollars in excess of fifty thousand dollars, two dollars.
Every person whose business or occupation it is to take or receive, by
way of pledge, pawn, or exchange, any goods, wares, or merchan-
dise, or any kind of personal property whatever, for the repayment or
security of money lent thereon, shall be deemed a pawnbroker under this
act

Eleven. Land-warrant brokers shall pay twenty-five dollars for each
license. Any person shall be regarded as a land-warrant broker within
the meaning of this act who makes a business of buying and selling land-
warrants, or of furnishing them to settlers or other persons.

Twelve. Cattle brokers, whose annual sales do not exceed ten thousand
dollars, shall pay for each license the sum of ten dollars ; and if exceed-
ing the sum of ten thousand dollars, one dollar for each additional thou-
sand dollars. Any person whose business it is to buy, or sell, or deal in
cattle, hogs, or sheep, shall be considered as a cattle broker.

Thirteen. Produce brokers, whose annual sales do not exceed the sum
of ten thousand dollars, shall pay ten dollars for each license. Every
person, other than one holding a license as a broker, wholesale or retail
dealer, whose occupation it is to buy or sell agricultural or farm products

THIBTY-EIGHTH CONGRESS. Sbss. L Ch. 173. 1864

and whose annual sales do not exceed ten thousand dollars, shall be re-
*garded as a produce broker under this act.

Fourteen. Commercial brokers shall pay twenty dollars for each license. Commercial
Any person or firm, whose business it is, as a broker, to negotiate sales or broker *
purchases of goods, wares, produce, or merchandise, not otherwise pro-
vided for in this act, or seek orders therefor, in original or unbroken pack-
ages, or to negotiate freights and other business for the owners of vessels,
or for the shippers or consignors or consignees of freight carried by ves-
sels, shall be regarded a commercial broker under this act

Fifteen. Custom-house brokers shall pay ten dollars for each, -license. Custom-house
Every person whose occupation, it is, as the agent of others, to arrange brokers,
entries and other custom-house papers, or transact business at any port of
entry relating to the importation or exportation of goods, wares, or mer-
chandise, shall be regarded a custom-house broker under this act
. Sixteen. • Distillers shall pay fifty dollars for each license. Every per* Dntffler*
son, firm, or corporation who distils or manufactures spirits for sale shall
be deemed a distiller under this act: Provided, That any person, firm, or
coiporation, distilling or manufacturing less than three hundred barrels
per year shall pay twenty-five dollars for a license : And provided, further^
That no license shall be required for any still, stills, or other apparatus
used by druggists and chemists for the recovery of alcohol for pharma-
ceutical and chemical or scientific purposes which has been used in those
processes : And provided, Jwiher, That distillers of apples, grapes, and
peaches, distilling or manufacturing less than one hundred and fifty barrels
per year from the same, shall pay twelve and one half dollars for a license
for that purpose*

Seventeen. Brewers shall pay fifty dollars for each license. Every Btewea.
person, firm, or corporation, who manufactures fermented liquors of any
name or description, for sale, from malt, wholly or in part, or from any
substitute therefor, shall be deemed a brewer under this act: Provided,
That any person, firm, or corporation who manufactures less than five
hundred barrels per year shall pay the sum of twenty-five dollars for a
license.

^ Eighteen. Rectifiers shall pay twenty-five dollars for each license to Beetttess*
rectify any quantity jof spirituous Honors, not exceeding five hundred bar-
wiids^ packages, or casks, containing not more than forty gallons to each
barrel, package, or cask of liquor so rectified ; and twenty-five dollars
additional for each additional five hundred such barrels, packages, or casks,
or any fractional part, thereof. Every person, firm, or corporation, who
rectifies, purifies, or refines spirituous liquors or wines by any process, or
mixes distilled spirits, whiskey, brandy, gin, or wine, with any materials
for sale under the name of whiskey, rum, brandy, gin, wine, or any other
same, shall be regarded as a rectifier under tins act

Nineteen. Coal-oil distillers shall pay for each license the sum of fifty Cod-Hrft dfetfl-
dollars. . Any person, firm, or corporation, who shall refine, produce, or few.
distil crude or refined petroleum or rock-oil, or crude coal-oil, or crude or
refined oil made of asphaltum, shale, peat, or other bituminous substances,
or shall manufacture coal illuminating oil, shall be regarded a coal-oil dis-
tiller under this act

Twenty*. - Hotels, inns, and taverns shall be classified and rated .ae- Hotels, ft"*^
-cording to the yearly rental, or, if not rented, according to the estimated and taverns,
yearly rental, of the house'and property intended- to he occupied for- said
purposes, as follows, to wit: AH cases where the rent or valuation x>f the
yearly rental of said house and property shall: be two hundred dollars, or
less, shall pay ten dollars* And If exceeding two hundred dollars, for
any additional one hundred dollars or fractional . . part thereof in excess of
two hundred dollars, five dollars. Every place where food and lodging
are provided for and furnished to travellers and sojourners, in view of
payment therefor, shall be regarded as a hotel, inn, or tavern under this

vol* xin. Pub. — 22 J

254

TfflRTY-ElCHTH CONGRESS. Sese. L &L 173. . 1864.

Proviso.

Proviso.

Eating 7 hoti8es.

Confectioners.

Claim-agents,

Patent-right
dealers.

Beal-estata
agents.

Conveyancers.

InteUigenee-
office keepers.

Insurance
agents.

Proviso.

[Stricken out
Pod, p. 478].

Foreign insur-
ance agents.

act : Presided, That nothing herein contained shall be construed to ex-
empt keepers of hotels, taverns, and eating-houses in which liquors are
sold by retail, to be drank upon the premises, from taking out a license
for such sale, for which license they shall pay a tax of twenty-five dollars.
The yearly rental shall be fixed and established by the assessor "of the
proper district at its proper value, but if rented, at not less than the actual
rent agreed on by the parties. AH steamers and vessels, upon waters of
the United States, on board of which passengers or travellers are provided
with food or lodgings, shall be subject to, and required to pay, twenty-five
dollars for each license : Provided, That if there be any fraud or coll Lusion
in tfie return of actual rent to the assessor, there shall be a penalty equal
to double the amount of licenses required by this section, to be collected
as other penalties under this act are collected.

Twenty-one. Eating-houses shall pay ten dollars for each license.
Every place where food or refreshments of any kind, not including spirits,
wines, ale, beer, or other malt liquors, are provided for casual visitors
and sold for consumption therein, shall be regarded as an eating-house
tinder this act But the keeper of an eating-house, having taken out a
license therefor, shall not be required to- take out a license as a confec-
tioner, anything in this act to the contra[r]y notwithstanding*

Twenty-two* Confectioners shall pay ten dollars for each license.
Every person who sells at retail confectionery, sweetmeats, comfits, or
other confects, in any building, shall be regarded as a confectioner under
this act But wholesale and retail dealers, having taken out a license
therefor, shall not be required to take out a license as confectioner, any-
thing in this act to the contrary notwithstanding.

Twenty-three. Claim-agents and agents for procuring patents shall pay
ten dollars for each license. Every person whose business it is to pros-
ecute claims in any of the executive departments of the federal govern-
ment, or procure patents, shall be deemed a claim or patent agent, as the
case may be, under this act

Twenty-four. Patent-right dealers shall pay ten dollars for each license.
Every person whose business it is to sell, -or offer for sale, patent-rights
shall be regarded a patent-right dealer under this act.

Twenty-five. Keal-estate agents shall pay ten dollars for each license.
Every person whose business it is to sell, or offer for sale, real estate for
others, or to rent houses, stores, or other buildings or real estate, or to
collect rent for others, shall be regarded as a real-estate agent under this
act

% Twenty-six. Conveyancers shall pay ten dollars for each license.
Every person, other than one holding a license as a lawyer or claim-agent,
whose business it is to draw deeds, bonds, mortgages, wills, writs, or other
legal papers, or to examine titles to real estate, shall be regarded a con-
veyancer under this act

Twenty-seven. Intelligence-office keepers shall pay ten dollars for
each license* Every person whose business it is to find or furnish places
of employment for others, or to find or furnish servants upon application
in writing or otherwise, receiving compensation therefor, Shall be regarded
as an in telligeoce-office keeper under this act

Twenty-eight Insurance agents shall pay ten dollars for each license.
Any person who shall act as agent of any fire, marine, life, mutual, or
other insurance company or companies, shall be regarded as an insurance
agent under this act x Provided, That no license shall be required of any
insurance agent or broker whose receipts, as such agent, are less than the
sum of three hundred dollars in any one year.

Twenty-nine. Foreign insurance agents shall pay fifty dollars for each
license. Every person who shall act as agent of any foreign fire, marine,
life, mutual, or other insurance company or companies, shall be regarded
as a foreign insurance agent under this act

TQIBTY-EIOHTH CONGRESS. Sbss. I Ch. 173- 1864

235

Thirty* Auctioneers, whose annual sales do not exceed ten thousand Auctioneers,
dollars, shall pay ten dollars for each license ; auctioneers, whose annua)
sales exceed ten thousand dollars, shall pay twenty dollars for each
license. Every person shall be deemed an auctioneer within the meaning
of this act, whose business it is to offer property for sale to the highest or
best bidder.

Thirty-one* Manufoctnrers shall pay ten dollars for each license. Any MSumfecturera.
person, firm, or corporation, who shall manufacture by hand or machinery
any goods, wares, or merchandise, exceeding annually the sum of one
thousand dollars, shall be regarded a manufacturer under this act

Thirty-two. Peddlers shall be classified and rated as follows, to wit : Peddlers,
when travelling with more than two horses, or mules, the first class, and
shall pay fifty dollars for each license $ when travelling with two horses,
or mules, the second class, and shall pay twenty-five dollars for each
license ; when travelling with one horse, or mule, the third class, and
shall pay fifteen dollars for each license; when travelling on foot, the
fourth jclass, and shall pay ten dollars for each license. Any person, ex-
cept persons peddling only newspapers, Bibles, or religious tracts, who
sells or offers to sell, at retail, goods, wares, or other commodities, travel-
ling from place to place, in the street, or through different parts of the
country, shall be regarded a peddler under this act : Provided, That any p^vfe^
peddler who sells, or offers to sell, dry goods, foreign and domestic, by
one or more original packages or pieces, at one time, to the same person
or persons, shall pay fifty dollars for each license. And any person who
peddles Jewelry shall pay fifty dollars for each license : Provided, further.
That manufacturers and producers of agricultural tools and implements,
garden-seeds, stoves, and hollow ware, brooms, wooden ware, and powder,
delivering and selling at wholesale any of said articles, by themselves or
their authorized agents, at places other than the place of manufacture,
shall not be required, for any sale thus made, to take out any additional
license therefor : Provided, further. That nothing contained in this para- [Additional pro-
graph shall authorize the sale of wine, spirits, or malt liquors. ' viso. Po^p. 478.]

Thirty-three. Ap hecaries shall t ay ten dollars for each license. Apothecaries.
Every person who k eps a shop or building where medicines are com-
pounded or prepared according to prescriptions of physicians, or where
medicines are sold, shall be regarded an apothecary under this act But
wholesale and retail dealers, who have taken out a license therefor, shall
not be required to take out a license as apothecary, anything in this act
to the contrary notwithstanding ; nor shall apothecaries, who have taken
out a license as such, be required to take out a license as retail dealers in
liquor in consequence of selling alcohol.

Thirty-four. Photographers shall pay ten dollars for each license when Photographers,
the receipts do not exceed five hundred dollars ; when over five hundred
dollars and under one thousand dollars, ^fifteen dollars; when over trae
thousand dollars, twenty-five dollars. Any person -or persons who make
for sale photographs, ambrotypes, daguerreotypes, or pictures, by the
action of light, shall be regarded a photographer under this act

Thirty-five. Tobacconists shall pay ten dollars for each license* Any
person, firm, or corporation whose business it is to *sell, at retail, cigars,
snuff, or tobacco in any form, shall be regarded a tobacconist under this
act. But wholesale and retail dealers, and keepers of hotels, inns, tav-
erns, and eating-houses, having taken out a license therefor, shall not be
required to take out a license as tobacconists, anything in this act to" the
contrary notwithstanding.

Thirty-six. Butchers shall pay ten dollars for each license. Every
person whose business it is to sell butchers' meat at retail shall be regarded
as a butcher under this act : Provided, That no butcher having taken
out a license, and paid ten dollars therefor, shall be required to take
out a license as retail dealer on account of selling other articles at

Tobacconists.

Batctien.

Proviso.

256

THIRTY-EIGHTH CONGRESS. Sbss. L Ob. 173.- 1864

Proviso.

Theatres, ma-
mma
halls,

seams, ooacert-
halls, &c

Proviso.

Circuses.

Proviso.

Jugglers*

Proviso.

Bowling-alleys
and billiard-
rooms.

Gift enter-
prises.

Proviso.

Stallions and
jacks.

Lawyers.

the same store, stall, or premises: Provided, further, That botchers
whose annual sales do not exceed one thousand dollars, and batchers who
retail butchers' meat exclusively by themselves or agents, and persons
who sell shell or other fish, or both, travelling from place to place, and
not from any shop 'or stand, shall be required to pay five dollars only for
each license, any existing law to the contrary notwithstanding; and hav-
ing taken oat a license therefor, shall not be required to take out a
license as a peddler for retailing batchers* meat or fish, as aforesaid.
And no license shall be required of persons who sell shell or other fish ;
from handcarts or wheelbarrows exclusively.

Thirty-seven. Proprietors of theatres, museums, and concert-halls re-
ceiving 'pay as entrance-money, shall pay one hundred dollars for each
license. Every edifice used for the purpose of dramatic or operatic or
other representations, plays, or performances, and not including halls
rented or used occasionally for concerts or theatrical representations, shall
be regarded as a theatre under this act : Provided, That when any such
edifice is under lease at the passage of this act, the fee for license shall
be paid by the lessee, unless otherwise stipulated between the parties to
said lease.

Thirty-eight The proprietor or proprietors of circuses shall pay one
hundred dollars for each license. Every building, tent, space, or area,
where feats of horsemanship or acrobatic sports or theatrical performances
are exhibited, shall be regarded as a circus under this act: Provided,
That no license procured in one state shall be held to authorize exhibi-
tions in another state. And but one license shall be required under this
act to authorize exhibitions within any .one state.

Thirty-nine. Jugglers shall pay for each license twenty dollars. Every
person who performs by sleight of hand shall be regarded as a juggler
under this act The proprietors or agents of all other public exhibitions
or 'shows for money, not enumerated in this section, shall pay for each
license ten dollars : Provided, That no license procured in one state shall
be held to authorize exhibitions in another state. And but one license
shall be required under this act to authorize exhibitions within any one
state. '

Forty. Bowling-alleys and billiard-rooms shall pay ten dollars for
every alley or table in the building or place to be licensed. Every place
or building where bowls are thrown or billiards played, and open to the
public with or without price, shall be regarded as a bowling-alley or bil-
liard-room, respectively, under this act

Forty-one. Proprietors of gift enterprises shall pay fifty dollars for
each license. Every person, firm, or corporation, who shall sell, or offer
for sale, any article of merchandise of any description whatsoever, with a
promise, express or implied, to give or bestow, or in any manner to hold
out. to the public the promise of gift or bestowal of any* article or thing
for and in consideration of the purchase by any person of any other arti-
cle, or thing, shall be regarded a proprietor of a gift enterprise under this
act : Provided, That no such proprietor, in consequence of being Urns
licensed, shall be exempt from paying any other license or tax required
by law, and the license herein required shall be in addition thereto.

Forty-two. * Owners of stallions and jacks shall pay ten dollars for each
license. Every person who keeps a male horse or a jack for the use of
mares, requiring or receiving pay therefor, shall be required to take out a
license under this act, which shall contain a brief description of the ani-
mal, its age, and place or places where used or to be used : Provided, That
all accounts, notes, or demands, for the use of any such horse or jack
without a license, as aforesaid, shall be invalid and of no force in any
court of law or equity.

Forty-three. Lawyers shall pay ten dollars for each license. Every
person who, for fee or reward, shall prosecute or defend causes in any

"THIRTY-EIGHTH CONGRESS. Sss&X Gh. 178. 1664.

257

court of record or other judicial tribunal of the United States, or of any
of the states, or give legal advice in relation to any cause or matter
whatever, shall be deemed to be a lawyer within the meaning of this
act

Forty-four. Physicians, surgeons, and dentists shall pay ten dollars Physicians,
for each license. Every person (except apothecaries) whose business it JkJjg^ 8 ' m
is, for fee and reward, to prescribe remedies or perform surgical opera-
tions for the core of any bodily disease or ailing, shall be deemed a phy-
sician, surgeon, or dentist, as the case may be, within the meaning of this
act

Forty-five. Architects and civil engineers shall pay ten dollars for each AieMtects and
license* Every person whose business it is to plan, design, or superintend ®* enK " ieeis *
the construction of buildings, or ships, or of roads, or bridges, or canals,
or railroads, shall be regarded as an architect and civil engineer under this
act: Provided^ That this shall not include a practical carpenter who labors
on a building.

Forty-six. Builders and contractors shall pay twenty-five dollars for Bonders and
each license ; and if his said contracts in any one year exceed in amount c0lltract0r8
twenty-five thousand dollars, he shall pay one dollar on every additional
thousand dollars in excess thereof! Every person whose business it is to
construct buildings, or ships, or bridges, or canals, or railroads by con-
tract, shall be regarded as a builder and contractor under this act : Pro-
trided, That no license shall be required from any person whose building
contracts do not exceed two thousand five hundred dollars in any one
year.

Forty-seven. Plumbers and gas-fitters shall pay ten dollars for each Plumbers and
Jicense. Every person, firm, or corporation, whose business it is to fit, fur- gs*fi»**\
jiiah, or Bell plumbing materials, gas-pipes, gas-burners, or other gas-
fixtures, shall be regarded a plumber and gas-fitter within the meaning of
this act

Forty-eight Assayers, assaying gold and silver, or either, of a value not Assayers,
exceeding in one year two hundred and fifty thousand dollars, shall pay
one hundred dollars for each license, and two hundred dollars when the
value exceeds two hundred and fifty thousand dollars and does not
exceed five hundred thousand dollars, and five hundred dollars when the
value exceeds five hundred thousand dollars. Any person or persons or
corporation whose business or occupation it is to separate gold and silver
from other metals or mineral substances with which such gold or silver, or
)>Qth, are alloyed, combined, or united, or to ascertain or determine the
quantity of gold or silver in any alloy or combination with other metals,
$nall be deemed an assayer for the purpose of this act

Forty-nine. A license fee of ten dollars shall be paired of every per- other trade or
son, firm, or corporation engaged in any business, trade, or profession business,
whatsoever, for which no other license is herein required, whose gross [Stricken out.
annual receipts therefrom exceed the sum of one thousand dollars per J*<**» P* 47 #J
annjum.

Ssb. 80. And be it farther enacted, That where the annual gross re- Apothecaries,
ceipts or sales of any apothecaries, confectioners, eating-houses, tobacco- JfjJ uJceed**
justs, or retail dealers, except retail dealers in spirituous and malt liquors, one thousand dol-
shall not exceed the sum of one thousand dollars, such apothecaries, con- need not
fectioners, eating-houses, tobacconists, and retail dealers shall not be to cense *
required to take out or pay for license, anything in this act to the contrary
notwithstanding ; the amount or estimated amount of such annual sales to
.be ascertained or estimated in such manner as the commissioner of inter-
nal revenue shall prescribe, and so of all other annual sales or receipts,
where the rate of the license is graduated by the amount' of sales or re-
ceipts; and where the amount of the license or the rate has been increased,
.or is liable to be increased, by law above the amount of any existing
license to any person, firm, or company, or has been understated or under-

22*

258

THIRTY-EIGHTH CONGRESS. Sbss. L Gb. 173. 1864

estimated, such person, firm, or company shall be again assessed and pay
the amount of such increase, which shall be indorsed on the original
license, which shall thereafter be held good and sufficient.
Manufacturers, Sbo. 81. Arid be it farther enacted, That nothing contained in the pre-
fer'ownardcUs ce< ^ n & sections of this act, requiring licenses, shall be construed to require
at, ^"without &n additional license as a, dealer for the sale of goods, wares, and mer-
license. chandise made or produced and sold by the manufacturer or producer at

the manufactory or place where the same is made or produced, or at the

Erineipal office or place of business, as provided in section twenty-three
seventy-four] of this act ; [nor] to vinters [vintners] who sell, at the place
where die same is made, wine of their own growth ; nor to apothecaries,
as to wines or spirituous liquors which they use exclusively in the prepa-
ration or making up of medicines ; nor shall any provisions be construed to
prohibit physicians from keeping on hand medicines solely for the purpose
of making up their own prescriptions for their own patients.

Manufactures, UAOTTACTURES, ABTIOLES, AXTD PRODUCTS,

.articles, and pro-

ducts* m '

Specific and Specific and ad valorem duty*

ad valorem, duty.

Sbo. 82. And be it further enacted, That every individual, partnership,
firm, association, or corporation, (and any word or words in this act indi-
Word u per* eating or referring to person or persons shall be taken to mean and include
^n^i^cor- pa rtoersh >P 8 > firms, associations, or corporations, when not otherwise desig-
poradoii8,&c. nated or manifestly incompatible with the intent thereof,) shall comply

with the following requirements, that is to say:—
Manufecturer First Before commencing, or, if already commenced, before continuing,
^gtBtft m^f 80 * 8 m 7 maDU ^ ac ture liable to be assessed, under the provisions of this act, and

which shall not be differently provided for elsewhere, every person shall
furnish, without previous demand therefor, to the assistant assessor a state-
ment, subscribed and sworn to, or affirmed, setting forth the place where
the manufacture is to be carried on, and the principal place of business for
sales, the name of the manufactured article, the proposed market' for the
same, whether foreign or domestic, and generally the kind and quality
manufactured or proposed to be manufactured,
to make ■ Second. He snail within ten days after the first day of each and every
moathJy return. . m onth, Y or on or before a -day prescribed by the commissioner of internal

revenue, make return under oath or affirmation of the products and sales
or delivery of such manufacture in form and detail as may be required,
from time to time, by the commissioner of internal revenue.
Form of re- Third. All such returns, statements, descriptions, memoranda, oaths, and
tam8, affirmations, shall be in form, scope, and detail as may be prescribed, from

time to time, by the commissioner of internal revenue.
Duties to be Sso. 83. And be it farther enacted, That upon the amounts, quantities,
paid monthly. aD( | values of produce, goods, wares, merchandise, and articles produced

or nianufactured, and sold or delivered, hereinafter enumerated, the man*
[Amended, P«*, .ufecturer or producer thereof whether manufactured or produced for him-
p. 478."! self or for others, shall pay to the collector of internal revenue within his

district, monthly, or on or before a day to be prescribed by the commis-
• doner of internal revenue, the duties on such products or manufactures,
F<ma% ft* And for neglect to pay such duties within ten days after demand, in writing
neglect delivered to him in person, or left at his house or place of business, or

manufactory, or sent by maii, the amount of such duties, with the additions
hereinbefore prescribed, may be levied upon the real and personal prop*
Duties to he a ertyof any such producer or manufacturer. And such duties and additions,
ett * and whatever shall be' the expenses of levy, shall be a lien from the day

prescribed* by the commissioner for their payment aforesaid, in favor of
the United States, upon* the said real and personal property of such pro-
ducer or manufacturer ; and such Hen maybe enforced by distraint, as

TEDRTY-EIGHTH CONGRESS. Sbsb. L Ch. 173. 1864.

259

s

provided in this act And in all cases of goods manufactured or produced,
in whole or in part upon commission, or where the material is furnished
by one party and manufactured by anotber, if the manufacturer shall he'
required to pay under this act the tax hereby imposed, such person or per-
sons so paying the same shall be entitled to collect the amount thereof of
tne owner or owners, and shall hare a lien for the amount thus paid upon
the produced or manufactured goods*

Sec 84 And be it further enacted, That for neglect or refusal to pay Articles to be
the duties provided by law on manufactured articles, or articles produced, ^J^l^g"
as aforesaid, the goods, wares, and merchandise manufactured or produced ^ y y *
and unsold by, or not passed out of the possession of, such manufecturer
or producer, shall be forfeited to the United States, and may be sold or
disposed of for the benefit of the same, in manner as shall be prescribed
by the commissioner of internal revenue, under the direction of the Sec-
retary of the Treasury* In such case the collector or deputy collector may Co Hectorto
take possession of said articles, and may maintain such possession uk the take possessta
premises and buildings where they may have been manufactured, or deposit-
ed, or may be. He shall summon, giving notice of not less than two, nor Subsequent
more than ten, days, the parties in possession of said goods, enjoining* them proceedings,
to appear before the assessor or assistant assessor, at a day and hour in such
summons fixed, then and there to show cause, if any there be, why, for
such neglect or refusal, such articles should not be declared forfeited to
the United States. The maimfacturers or producers thereof shall be
deemed to be the parties interested, if the articles 1 shall be, at the time
of taking such possession, upon the premises where manufactured or pro-
duced; n they shall at such time have been removed from the place of
manufacture or production, the parties interested shall be deemed to be the
persons or parties in whose custody or possession the articles shall be found.
Such summons shall be served upon such parties in person, or by leaving
a copy thereof at the place of abode, or business of the party to whom the
same may be directed. In case no such party or place can be found,
which fact shall be determined by the collectors return on the summons,
such notice, in the nature of a summons, shall be given by advertisement
for the term of three weeks in one newspaper in the county nearest to the
place of such sale. If at or before such hearing such duties shall not have
been paid, and the assessor or assistant assessor shall adjudge the summons
and notice, service and return of the same to be sufficient, the said articles
shall be by him declared forfeit, and shall be sold, disposed of, or turned &j£^ edaped
over by the collector to the use of any department of the government as
may be directed by the Secretary of the Treasury, who may require of
any officer of the government, into whose possession the same may be
turned over, the proper voucher therefor ; and the proceeds of sale of said
articles, if any there be after deducting the duties and additions thereon,
together with the" fees, costs, and expenses of all proceedings incident to
the seizure -and sale, to be determined by said commissioner, shall be
refunded and paid to the owner, or, if he cannot be found, to the manu&e-
turer or producer in whose custody the articles were when seized, as the
dssioner may deem just, by draft on the same, or some other

Service.

Articles when

collector; or if the said articles are turned over without sale to the use of
any department of the government, the excess of the value of said articles,
after deducting the amount of the duties, additions, fees, costs, and ex-
penses accrued thereon when turned over as aforesaid, shall be refunded
and paid by the said department to the owner, or, if he cannot be found, to
the manufacturer or producer in whose custody or possession the said
articles were when seized as aforesaid* The commissioner of internal
revenue, with the approval of the Secretary of [the] Treasury, may re- Secretary may
view any such case of forfeiture, and do justice in the' premises. If the rcview deda3<m *
forfeiture shall have been wrongly declared, and sale made, the Secretary
is hereby authorized, in case the specific articles cannot be restored to the

260

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 17& 1864.

ore and forfeit-
ure.

party aggrieved in as good order and condition as when seised, to make
up to such party in money his loss and damage from the contingent fund
of his department Immediate notice of any seizure of manufactured
articles or products shall be given to the commissioner of internal revenue
by the collector or deputy collector, who shall also make return of his
proceedings to the said commissioner after he shall have sold or other-
wise disposed of the articles or products so forfeited ; and the assessor or
assistant assessor shall also make return of his proceedings relating to
Cau^for seiz- such forfeiture to the said commissioner. And any violation of* or refusal
to comply with, thte provisions of the eighty-first [eighty-second] section
of this act, shall be good cause for seizure and forfeiture, substantially
Post, p. 473. in manner as detailed in this section ; but before forfeiture shall be declared
by virtue of the provisions of this section, the amount of duties which,
may be due from the person whose manufactures or products are seized,
shall first be ascertained in the manner prescribed in the eighty-fourth
[eighty-fifth] section of this act ; and such violation or refusal to comply
shall further make any party so violating, or refusing to comply, liable to
a fine or penalty of five hundred dollars, to* be recovered in manner and
form as provided in this act Articles which the collector may adjudge
Sale of perish- perishable may be sold or disposed of before declaration of forfeiture,
able articles. g a ja sales shall be made at public auction, and notice thereof shall be

given as the said commissioner shall prescribe.
Amount, &c, Sec. 85. And be it further enacted, That in case of the manufacture
to bT^toat^ an< * or production and sale, consumption, or delivery of any goods,

wares, merchandise, or articles as hereinafter mentioned, without compli-
ance on the part of the party manufacturing or producing the same with
all the requirements and regulations prescribed by law in relation thereto,
the assistant assessor may, upon such information as he may have, as-
sume and estimate the amount and value of such manufactures or prod-
ucts, and upon such assumed amount assess the duties, and add thereto
fifty per centum ; and said duties shall be collected in like manner as In
case the provisions of this act in relation thereto had been complied with,
and to such articles all the foregoing provisions for Hens, fines, penalties,
and forfeitures, shall in like manner apply.
Manufacturers, Sec. 86. And be it farther enacted, That any person, firm, company, or
to t *£f d ? corporation, manufacturing or producing goods, wares, and merchandise,
aeoouii oa es. or remove( j f or consumption or use, upon which duties or taxes are

imposed by law, shall, in their return of* the value and quantity, render an
account of the full amount of actual sales made by the manufacturer, pro-
ducer, or agent thereof, and shall state in a separate column the items and
account of the deductions, if any, claimed ; whether any part, and if so,
what part, of said goods, wares, and merchandise has been consumed or
used by the owner, owners, or agent, or used for the production of another
manufacture or product, together with the market value of the same at
the time of such use or consumption $ whether such goods, wares, and mer-
chandise were shipped for a foreign port, or consigned to auction or com-
missioned merchants, other than agents, for sale ; and shall make a return,
according to the value at the place of shipment, when shipped for a foreign
port, or according to the value at the place of manufacture or production,
when removed for use or consumption, or consigned to others than agents
of the manufacturer or producer. The value and quantity of the goods,
wares, and merchandise required to be stated as aforesaid, shall be esti-
mated by the actual sales made by the manufacturer, or by his, her, or
their agent, br person or persons acting in his, her, or their behalf. And
where such goods, wares, and merchandise have been removed for con-
sumption or for delivery to others, or placed on shipboard, or are no longer
within the custody or control of the manufacturer or his agent, not being
in his factory, store, or warehouse, the value shall be estimated at the
average of the market value of the like goods, wares, and merchandise, at

THIRTY-EIGHTH CONGRESS. Sbss,L Ca. 178. 1864.

2S1

the lime when the same became liable to duty. And when goods, war§s,
and merchandise are sold by the manufacturer or producer, or the agent
thereof 'having the charge of .the business, the following deductions only
may be allowed, viz, : —

First Freight from the, place of deposit at the time of sale to the
place of delivery.

Second. That [The] reasonable commission^ not exceeding three per
centum, and other expenses of sale bona fide paid ; and no commission
shall be deducted when the sale is made at the place of manufacture or
production : Provided, That no deduction shall be made on the market
value at the place of manufacture or production, on goods, wares, and
merchandise consigned to auction or commission merchants for sale, or
placed on shipboard to be removed from the United States, or when con-
signed to other than agents having charge of the business of such manu-
facturer or producer, nor when used or consumed by the manufacturer,
producer, or agent thereof.

Sec. 87. And be it further enacted, That any person, firm, company,
or corporation who shall now be engaged in the manufacture of tobacco,
snuf£ or cigars, or who shall hereafter commence or engage in such man-
ufacture, before commencing, or, if already commenced, before continuing,
such manufacture for which thev may be liable to be assessed under the
provisions of law, shall, in addition to a compliance with all other pro-
visions of law, furnish to the assessor or assistant assessor a statement,
subscribed under oath or affirmation, accurately setting for[th] the place,
and if in a city, the street and number of the street, where the manufac-
turing is, or is to be, carried on, the name and description of the manu-
factured article, the proposed market fbr the same, whether foreign or
domestic, and If the same shall be manufactured for, or to be sold and de-
livered to, any other person or party, the name and residence and business
or occupation of the person or party for whom the said article is to be
manufactured or delivered, and generally the kind and quality manufac-
tured or proposed to be manufactured; and shall, within the time above
mentioned, apply to, and obtain from, the assessor, or assistant assessor of
the district in which said manufacture is carried on, or proposed to be
carried on, in addition to the license required by existing laws, a permit
in writing, to be signed by said assessor or assistant assessor, in such form
as shall be prescribed by the commissioner of internal revenue, which
permit shall be kept by such manufacturer suspended in some open and
conspicuous place in the principal room in which such manufacturing is so
carried on. And such manufacturer shall also give notice to the assessor
[or] assistant assessor, in writing, of any and every change or removal
made, accurately setting forth, as hereinbefore mentioned, the place where
the said manufacture is to be carried on ; and whenever such change or
removal takes place, before it shall be lawful to commence such manufac-
ture, a new permit in writing shall be applied for and obtained in manner
aforesaid. And the assistant assessor of the proper assessment district
shall be entitled to demand and receive from such manufacturer for each
pe[r]mit so granted the sum of twenty-five cents. And if any person or
agent of any firm, company, or corporation shall manufacture for sale
tobacco, snuff, or cigars of any description without first obtaining the
permit herein required, such person or agent shall be subject, upon con-
viction thereof, to a penalty of three hundred dollars,. and in addition
thereto shall be liable to imprisonment for a term not exceeding one year,
at the discretion of the court.

Sbo. 88. And be it farther enacted, That it shall be the duty of the
assistant assessor of each district to keep a record in a book or books, to
be provided for the purpose, to be open to the inspection of any person
upon reasonable request, in which shall be arranged alphabetically the
name of any and every person) firm, company, or corporation who may

Deductions.

Freight
Post, p. 474.

CoBWutafonB.

Manufactories
Of tobacco,
snuff, and cigars.

Statement
Post, p. 474.

Permit in addi-
tion to license*

BemovaL

Fee for permit

Penalty for
working 'without
permit

to

keep alphabetical
record.

262 TffiRTY-EISHTH CONGEESS. Sess.L Ch.178. 1864

be engaged In the manufacture of tobacco, snuff, or cigars within his dis-
trict, to whom a permit has been issued, together with the place where
sueh manufacture is carried on and place of residence of the person or
persons engaged therein ; a copy of which record shall be, by said assistant
assessor, forwarded to the assessor of tfre district, who shall preserve the
same in his office*

Dntyonmanu- Sac. 89* And be it further enacted, That in all cases where tobacco,
ttfw^r* 8nu $ or <W» de^Ption. are mann&ctured^in whole or in part

when manufeo- upon commission or shares, or where the material from which any such
tared on shares, articles are made, or are to be made, is famished by one party and manu-

factored by another, or where the material is furnished or sold by one
party with an understanding or contract with another that the manufac-
tured article is to be received in payment therefor, or any part thereof,
the duty or tax imposed by law thereon, when paid by the manufacturer,
may be collected at the time, or at any time subsequently, of the party for
whom the same was made, or to whom the same was delivered, as afore-
Fnwd. said. And in case of any fraud or collusion by which the government
shall be defrauded, or attempted to be defrauded, by a party who fur-
nishes the material and the manufacturer .of any of the articles aforesaid,
such material shall be liable to forfeiture, and such articles shall be liable
to be assessed the highest rates of duty imposed by law upon any article
belonging to its grade or class.
Statements of Sec. 90. And be U further enacted. That any person, firm, company,
tobS* J*^ 8 of or corporation, now or hereafter engaged in the manufacture of tobacco,
* snuff, or cigars, of any description whatsoever, shall be, and hereby is,

[Amended, Post, required to make out and deliver to the assistant assessor of the assess-
P* 47 **1 , ment district a true statement or inventory of the quantity of each of the

different kinds of tobacco, snuff-flour, snuff, cigars, tin-roil, licorice, and
stems held or owned by him or them on the day this act takes effect, or at
the time of commencing business under this act, setting forth what portion
of said goods was manufactured or produced by him or them, and wjiat
was purchased from others, whether chewing, smoking, fine-cut, shorts,
pressed, plug, snuff-flour, or prepared snuff, the several kinds of cigars and
the market price thereof which statement or inventory shall be verified
by the oath or animation of such person or persons, and be in manner
and form as prescribed by the commissioner of internal revenue ; and the
said person, firm, company, or corporation engaged as aforesaid, on the
first day of January in every year hereafter, shall make out and deliver
Annual state* to the said assistant assessor a true statement or or inventory, in manner
ment and form as aforesaid, and verified as aforesaid, of all such articles, afore-

said, then held or owned by him or them, setting forth all and singular
what Is required to be set forth in the statement or inventory first afore-
said; and every such person,, company, or corporation shall keep in a
Books. book,- in such manner and form as said commissioner may prescribe, an
accurate account of all the articles aforesaid thereafter purchased by him
or them, the quantity of tobsLObo, muff, snuff-flour, or cigars, of whatever
description sold, consumed, or removed for consumption or sale, or removed
from the place of manufacture ; and he or they shall, on Wednesday of
each week, furnish to the assistant assessor of the district a true and accu-
Copies of en- rate copy of the entries in said book during the w.eek ending on the
M^DfloTOTmfcT P reoea * n e> Saturday, which copy shall be verified by oath or affirmation,
w y * on the receipt whereof an assessment of the duties due by said person,
company, or corporation shall be immediately made and transmitted to die
collector of the district, to whom said duties shall be paid within five days
thereafter j and hi .ease the duties shall not be paid within the said five
days, the said collector may, on one day's notice, distrain for the same,
with ten per centum additional on the amount thereof, subject to all the
provisions of law relating to licenses, returns, assessments, payment of
taxes, liens, fines, penalties, and forfeitures^ not inconsistent herewith in

THIRT Y-EIGHTH CONGRESS. Sess. L Ch. 173* 1804

208

the case of other manufacturers ; and such duty shall be paid by the man-
ufacturer, or the person for whom the goods are manufactured, as the
assessor may deem best for the collection of the revenue : Provided, That flJ^^^J^
it shall be the duty of any manufacturer or Tender of tin-foil used in a er3 .
covering manufactured tobacco, on demand of any officer of internal
revenue, to render to such officer a correct statement, verified* by oath or
affirmation, of the quantity and amount of tin-foil sold or delivered to any
person or persors named in such demand ; and In case of refusal or neg-
lect to render such statement, or of cause to believe such statement to be
incorrect or fraudulent, the assessor of the district may cause an examina-
tion of persons, books, and papers to be made in the same manner as
provided in the fourteenth section of this act : Provided, That manufac- Proviso,
tured tobacco, snuff, or cigars may be transferred, without payment of
the duty, directly from the place of manufacture to a bonded warehouse
established in conformity with law and treasury regulations, under such
rules and regulations, and upon the execution of such transportation bonds,
as the Secretary of the Treasury may prescribe; said bonds or other
security to be taken by the assessor of the district from which such
removal is made, and may be transported from such warehouse to a
bonded warehouse used for the storage of merchandise at any port of
entry and withdrawn therefrom for consumption or [on] payment of the
duty, or removed for export to a foreign country without payment of duty,
in conformity with the provisions of this act relating to the removal of
distilled spirits; all, the rules, regulations, and conditions of which, so far
as applicabl e, sha ll apply to tobacco, snuff, or cigars, in bonded warehouse.
And no drawback shall in any case be allowed upon any manufactured
tobacco, snuff, or cigars, upon which any excise duly has been paid either
before or after it has been placed in bonded warehouse.

Sec. 91* And be it farther enacted, That every manufacturer of tobacco, Monthly dee-
snuff, or cigars of any description, as hereinbefore mentioned, or his chief laration8,
workman, agent, or superintendent, shall,, at the end of each and every [Amended, Port
month, make and sign a declaration, in writing, that no such article or P* 47& *3
commodity, as aforesaid, has, during such preceding month or time when
the last declaration was made, been removed, carried, or sent, or caused,
or suffered, or known to have been removed, carried, or sent from the
premises of such manufacturer other than such as have been duly assessed
• and the duties imposed by law paid thereon, on pain of forfeiting for
every refusal or neglect to make such declaration, one hundred dollars.
And if any such manufacturer, or bis chief workman, agent, or superinten-
dent, shall make any false or untrue declaration, such manufacturer or
chief workman, agent, or superintendent, making the same, upon convic-
tion thereof, shall forfeit three hundred dollars, or, at the discretion of the
court, be liable to imprisonment for a term not exceeding one year.

Sec. 92. And be it further enacted, That if any person other than die Penalty for *ala
manufacturer shall sell, or consign, or remove for sale, or part with the £*ftft*£i
possession of any manufactured tobacco, snuff, or cigars, upon which the are not paid, &c
duties imposed by law have not been paid, with the knowledge thereof,
such person shall be liable to a penalty of one hundred dollars for each
and every offence. And any person who shall purchase or receive for
sale any such tobacco, snuff, or cigars, which has not been inspected,
branded, or stamped, as required by this act, or upon which the tax has Poet, p. 475*
not been paid, if it has accrued or become payable with knowledge
thereof, shall be liable to a penalty of fifty dollars for each and every
offence. And any person who shall purchase or receive for sale any such
tobacco, snuff, or cigars, from any manufacturer who has not a permit to
manufacture, shall be liable for each and every offence to a penalty
of one hundred dollars, and, in addition thereto, a forfeiture of all the
articles, as aforesaid, so purchased or received, or the full value thereof.

Sec 93. And be it further enacted, That all goods, wares, and mer-

2U THIRTY-EIGHTH CONGRESS. Sjbss. I Or. 178. 1864

Wlutmanafko chandise, or articles manufactured or made (except refined petroleum,
f^S^V 1 refined coataH, gold and silver, spirituous and malt liquors, manufactured

m ^ tobacco, and snuff and cigars) by any person or firm, where the product
shall not exceed the rate of six hundred dollars per annum, and shall be
made or produced by the labor of such person or firm, or by his or their
family, shall be, and are hereby, exempt from duty ; where the product
shall exceed such rate and not exceed the rate of one thousand dollars, the
duty shall be levied, assessed, and collected only upon the excess above
the rate of six hundred dollars per annum ; and in all other cases the
whole annual product, (including any business or transaction where one
party has been furnished with materials, or any part thereof, and employed
by another party to manufacture, make, or finish the goods, wares, and
merchandise, or articles, paying or promising to pay therefor, and to whom
the same are returned when so made and finished,) shall be assessed, and
the duty paid thereon by the producer or manufacturer : Provided? That,
whenever a producer or manufacturer shall use or consume, or shall
remove for consumption or use, any articles, goods, wares; or merchandise,
which if removed for sale would be liable to taxation, he shall be. assessed
upon the salable value of the articles, goods, wares, or merchandise so
used or so removed for consumption or use*

Duties on, &c Sec. 94 And be it Junker enacted, That upon the articles, goods,

-Post, p. 488* wares, and merchandise hereinafter mentioned, except where otherwise
provided, which shall be produced and sold, or be manufactured or made
and sold, or be consumed or used by the manufacturer or producer there*
of, or removed for consumption, or for delivery to others than agents of
the manufacturer or producer within the United States or territories
thereof, there shall* be levied, collected, and paid the following duties, to
be paid by the producer or manufacturer thereof, that is to say : —

Candles. On candles, of whatever material made, a duty of five per cent ad

valorem.

^p^^m^ ^ n roineral coats, except such as are known in the trade as pea coal
P^J^ ' and dust coal, a duty of five cents per ton : Provided, That in case of
contracts of lease of coal lands made prior to the passage of this act the
lessee shall pay the tax, if not otherwise agreed ; and all duties or taxes
on coal mined and delivered by coal operators on contracts heretofore
made shall be paid by die purchasers thereof, if not otherwise agreed by
the parties* .

Oik, animal or On lard oil, mustard-seed oil, linseed oil, and on all animal or vegeta-
vegetable. y e \) 8i ao $ exempted or provided for elsewhere, Whether pure or adul-
terated, a duty of five cents per gallon.

IUamimttmg On gas, illuminating, made of coal, wholly or in part, or any other ma-
8 s8 * terial, when the product shall not be above two hundred thousand cubic

feet per month, a duty of ten cents per one thousand cubic feet ; when
the product shall be above two and not exceeding five hundred thousand
cubic feet per month, a duty of fifteen cents per one thousand cubic feet ;
when the product shall be above five hundred thousand and not exceeding
five millions of cubic feet per month, a duty of twenty cents per one thou-
sand cubic feet ; when the product shall be above five millions, a duty of
twenty-five cents per one thousand cubic feet. And the general average
of the monthly product for die year preceding the return required by this
act shall regulate the rate of duty herein imposed. And where any gas-
works have not been in operation for the next year -preceding the return
as aforesaid) then the rate shall be regulated upon the estimated average

Provisos. of the monthly product: Provided, That the product required to be re-

P<xt> p- 47tf. turned by law by any gas company shall be understood to be the product
charged in the bills actually rendered by the gas company during the
month preceding the return ; and all gas companies are hereby author-
ized to add the duty or tax imposed by law to the price per thousand
cubic feet on gas sold : Provided, further, That all gas furnished for light*

THTBTY-EIGHTH CONGRESS. Sbss.L Gb.178. 1864.

ing street lamps, and not measured, and all gas made for and used by any ntaminatmg
hotel, inn, tavern, and private dwelling-house, shall be subject to duty,
whatever the amount of product, and may be estimated ; and if the re-
turns in any case shall be understated or under-estimated, it shall be the
duty of the assistant assessor of the district to increase the same as he
shall deem just and proper : And provided, further, That gas companies Provisos,
located within the corporate limits -of any city or town, whether in the
district or otherwise, or so located as to compete with each other, shall
pay the rate imposed by law upon the company having the largest pro-
duction : And provided, further, That coal-tar produced in the manufac- Post, p. 475.
ture of illuminating gas, and the products of the redistillation of coal-tar
thus produced, shall be exempt from duty.

On coal illuminating oil, refined, and naphtha, benzine, and benzole, Iuwninating
produced by the distillation of coal, asphaltum, shale, peat, petroleum, or oil ' ^
rock-oil, and all other bituminous substances used for like purposes, a duty Post, p. 476.
of twenty cents per gallon : Provided, That such oil, refined and produced Provisos,
by the distillation of coal, asphaltum, or shale, exclusively, shall be sub-
ject to pav a duty of fifteen cents per gallon, anything to the contrary not- Pott, p. 484.
withstanding : And provided, further, That distillers of coal-oil, or naphtha,
benzine, or benzole, shall be subject to all the provisions of law applica-
ble to distillers of spirits, with regard to licenses, bonds, returns, assess-
ments, liens, penalties, drawbacks, and all other provisions designed for post, p. 476.
the purpose of ascertaining the quantity disced, and securing the pay-
ment of duties, so far as the same jnay, in the judgment of the commis-
sioner of internal revenue,- and' under regulations prescribed by him, be
deemed necessary for that purpose : And provided, also. That naphtha
of specific gravity exceeding eighty degrees, according to Baume's by- Post, p. 476.
drometer, and of the kind usually known as gasoline, shall be subject to
a tax of five per centum ad valorem*

On spirits of turpentine, a duty of twenty cents per gallon : Provided, Spirits of tnr-
That all the provisions of law relating to the assessment and collection of P 60 ^
the duties on cotton, under rules and regulations to be prescribed by the
Secretary of the Treasury, so far as the same may be deemed applicable
thereto, shall apply toifthe assessment and collection of duties on spirits
of turpentine.

On ground coffee, and oft all ground substitutes for coffee, or prepara- Ground coffee,
tions of which coffee forms a part, and on all nnground substitutes for
coffee, a duty of one cent per pound*

On ground pepper, ground mustard, ground pimento, ground doves, and Ground pepper*
ground clove stems, ground cassia, and ground ginger, and all imitations
of the same* a duty of one cent per pound*

On molasses produced from the sugar-cane, and not from sorgbqm or Molasses,
imphee, a duty of five cents per gallon*

On sirup of molasses or sugar-cane juice, when removed from the plan- Simps,
tation, concentrated molasses or melado, and cistern bottoms, of sugar pro-
duced from the sugar-cane and' not made from sorghum or imphee, a duty
of one cent and one fourth of one cent per pound*

On brown or Muscovado sugar not above number twelve Dutch stand- Brown, &c,
ard in color, produced from the sugar-cane and not from sorghum or im-
phee, other than those produced by the refiner, a duty of two cents per post, p. 476.
pound.

On all clarified or refined sugars above number twelve and not above Befined sugars,
number eighteen Dutch standard in color, produced directly from the Post, p. 476.
sugar-cane and. not from sorghum or imphee, a duty of two and one-half
cents per pound.

On all clarified or refined sugars above number eighteen Dutch stand-
ard in color, produced directly from the sugar-cane and not from sorghum Post, p. 476.
or imphee, a duty of three and one half cents per pound*
On the gross amount of the sales of sugar refiners, including all the J^ 68 of
VOL. xm, PlIB. — 23 tenners.

206

THIBTY-EIGHTH CONGRESS. Sbsb. L Ch. 178* 1864.

Sales of soger
refiners.

Sugar-candy.

Chocolate, &©.
Saleratus.

Starch*

Gunpowder.

Petit P* ^76.

White lead*
Oxide of zinc

Sulphate of
barytas*

Paints, &c
VaroisV&o.
Glue, &c

Pins.
Screws*

Clocks.

Umbrellas, &c
Gold leaf, &c

Paper*
Soap, &&

products of their manufactories or refineries, a duty of two and a half of
one per centum ad valorem : Provided, That every person shall be re-
garded as a sugar refiner, and pay die duties levied by lav, whose busi-
ness it is to advance the quality and value of sugar upon which a duty has
been assessed and paid, by melting and recrystalization, or by liquoring,
claying, or other washing process, or by any other chemical or mechanical
means, or who shall advance the quality or value of molasses, concen-
trated molasses or melado, upon which a duty has been assessed and paid,
by boiling or other process.

On sugar-candy and all confectionery made wholly or in part of sugar,
valued at not exceeding twenty cents per pound, a duty of two cents per
pound ; exceeding twenty and not exceeding forty cents per pound, a duty
of four cents per pound; when exceeding forty cents per pound, or sold
by the box, package, or otherwise than by the pound, a duty of ten per
centum ad valorem*

n chocolate and cocoa prepared, a duty of one and a half cent per pound.
>n saleratus and bicarbonate of soda, a duty of five mills per pound.
On starch made of potatoes, a doty of two mills per pound ; made of
com or wheat, a duty of three mills per pound ; made of rice or any other
material, a duty of one cent per pound.

On gunpowder, and all explosive substances used for mining, blasting
artillery, or sporting purposes, when valued at twenty-eight cents per
pound or less, a duty of one cent per pound ; when valued at above
twenty-eight cents per pound and not exceeding thirty-eight cents per
pound, a duty of one and a half cent per pound ; and when valued above
thirty-eight cents per pound, a duty of eight cents per pound.
On white lead, a duty of thirty-five cents per one hundred pounds.
On oxide of zinc, a 4uty of thirty-five cents per one hundred pounds.
On sulphate of barytes, a duty of twelve cents per one hundred pounds :
Provided, That white lead, oxide of zinc, and 'sulphate of barytes, paints
and painters' colors, or any one of them, shall not be subject to any addi-
tional duty in consequence of being mixed or ground with linseed oil,
when the duties upon all the materials so mixed or ground shall have
been previously paid.

On all paints and painters* colors, dry or ground in oil, or in paste with
water, not otherwise provided for, a duty of five per centum ad valorem*

On varnish or japan, made wholly or in part of gum copal, or other
gums or substances, a duty of five per centum ad valorem.

On glue and gelatine of all descriptions, in the solid state, a duty of one
cent per pound.

On glue and cement, made wholly or in part of glue, to be sold in the

liquid state, a duty of forty cents per gallon*
On pins, solid head or other, a duty of five per centum ad valorem*
On screws, commonly called wood-screws, a duty of ten per centum ad

valorem.

On clocks and timepieces, and on clock movements, when sold without
being cased, a duty of. five per centum ad valorem.

On umbrellas and parasols made of cotton or silk, or other material, a
duty of five per centum ad valorem.

On gold leaf, eighteen cents per pack, containing not more than twenty
books of twenty-five leaves each.

On gold foil, two dollars per. ounce troy weight.

On paper of all descriptions, including pasteboard, binders* board, and
tarred paper for roofing or other purposes, a duty of three per centum ad
valorem.

On soap, castile, palm-oil, erasive, and soap of all other descriptions,
white or colored, except soft soap and soap otherwise provided for, valued ,
at not above five cents per pound, a duty of two mills per pound ; valued
at above five cents per pound, a duty of one cent per pound.

fHIBTY-EIGHTH 00N6SBSS. Ssss.I. Ca 173. 1864. 267

On soap, fancy, scented!, honey, cream, transparent, arid all descriptions Soap,
of toilet and shaving soap, a duty of five cents per pound.
On soft; soap, a doty of five per centum ad valorem.

On all uncompounded chemical productions, not otherwise provided for, Uncompound-
a duty of five per centum ad valorem, ed chemkab.

On essential oils, of all descriptions, a duty of five per centum ad Essential oOs.
valorem.

On pickles, preserved fruits, preserved vegetables, preserved meats, ?i&le&.
fish, and shellfish in cans, kegs, or air-tight packages, a duty of five per
centum ad valorem.

On bill-heads, printed, printed cards, and printed circulars, a duty of five Bill-beads,
per centum ad valorem* p* 476.

On all printed books, magazines, pamphlets, reviews, and all other sim- Books, &o
Oar printed publication?, except newspapers, a duty of five per centum ad Post, p. 476.
valorem.

On productions of stereotypers, lithographers, and engravers, a duty of
five per centum ad valorem.

,On photographs, or any other sun picture, being copies of engravings or Photographs,
works of art, or used for the illustration of books, and on photographs so Post, p. 476.
small in sfze that stamps cannot be affixed, a duty of five per centum ad
valorem.

On all repairs of engines, cars, carriages, or other articles, when such Repairs of en-
repairs increase the value of the articles so repaired ten per centum or gine8,&c *
over, a duty of three per centum on such increased value : Provided, That
on such repairs jnade upon ships, steamboats, or other vessels, a duty of
two per centum only on the increased value shall be assessed.

On the hulls, as launched, of all ships, barks, brigs, schooners, sloops, Halls of ves-
sail-boats, steamboats, canal-boats, and all other vessels or water craft, (not
including engines or rigging,) hereafter built, made, constructed, or finished, Poo, p. 476.
a duty of two per centum ad valorem.

• On slate, freestone, sandstone, marble, and building-stone of any other Slate, &c
description, when dressed, hewn, or finished, a duty of three per centum
ad valorem : Provided, That the cost for the erection, fitting, adjusting, or
setting building-stone of any description, shall not be included in the as-
sessment of any duties thereon.

On marble, and other monumental stones, with or without inscriptions, Marble,
five per centum ad valorem.

On lime and Eoman or water cement, a duly of three per centum ad Cement
valorem. v

On brick, draining tiles, and earthern and stone water-pipes, a duty of Brick, &c
three per centum ad valorem.

On masts, spars, and ship or vessel blocks, whether made to order or Mask, spars,
for sale, a duty of two per centum ad valorem.

On all furniture, or other articles made of wood, sold in the rough or Furniture,
unfinished, a duty of five per centum ad valorem : Provided, That all for-
niture, or other articles made of wood, previously assessed, and" a duly
paid thereon, shall be assessed a duty of five per centum ad valorem upon
the increased value only thereof when sold in a finished condition.

On salt, a duty of six cents per one hundred pounds. Salt

On sails, tents, shades, awnings, and bags, made of cotton, flax, or hemp, Sails, &c.
or part of either or other material, five per centum ad valorem : Provided^
That when the material from which any of the foregoing articles are made
was imported, or has been subject to and paid a duty, and the same is made
by sewing, a duty shall be assessed only on the increased value thereof. Post, p. 476.

On artificial mineral waters, soda waters, sarsaparilla water, and all Mineral Trateia,
beverages used for like purposes, sold in bottles, or from fountains, or
otherwise, and not otherwise provided for, a duty of five per centum ad
valorem.

On mineral or medicinal waters, or waters from springs impregnated

268 THIRTY-EIGHTH CONGRESS. SB8S.L Ch. 178. 1864

t

I *

*

with minerals, a doty pf one half cent for each bottle containing not more
than one pint; when containing more than one pint and not more than
one quart, one cent ; when containing more than one quart, for each ad*
ditional quart or fractional part thereof, one cent
Pig iron. On pig iron, a duty of two dollars per ton.

Blooms, &c On blooms, slabs, or loops, when made in forges or bloomeries, directly
from the ore, a duty of three dollars per ton.

Railroad iron. On railroad iron, a duty of tljree dollars per ton.

On railroad iron, rerolled, a duty of two dollars per ton : Provided,
That the term rerolled shall apply only to rails for which the manufac-
turer receives pay for remantxfacturing, and not for new iron.

On all iron advanced beyond blooms,, slabs, or loops, and not advanced
beyond bars, and band, hoop, and sheet iron, not thinner than number
eighteen wire gauge, and plate iron not less than one eighth of an inch in
thickness, a duty of three dollars per ton : Provided, That a ton shall, for

Ton to be two all the purposes of this act, be deemed and taken to be two thousand
thousand pounds. pounds .

Band, hoop, On band, hoop, and sheet iron, thinner than number eighteen wire
*nd sheet iron, gauge, plate iron less than one eighth of an inch in thickness, and cut

nails and spikes, not including nails, tacks, brads, or finishing nails, usually
put up and sold in papers, whether in papers or otherwise, nor horseshoe
nails wrought by machinery, a duty of five dollars per ton : Provided 9
That bars, rods, axe-polls, bands, hoops, sheets, plates, nails, and spikes,
not including such as are usually put up in papers, nor horseshoe nails
wrought by machinery, as before mentioned, manufactured from iron,
upon which the duty of three dollars has been levied and paid, shall be
subject only to a duty of two dollars per ton in addition thereto, anything
in this act to die contrary notwithstanding.
Iron castings.* On iron castings used for bridges or other permanent structures, a duty

of three dollars per ton.
Stoves and hoi- On stoves and hollow- ware and castings of iron exceeding ten pounds"
low-ware. j n W eight for each casting, not otherwise provided for, a duty of three
chSsffo^^ dollars per ton.

p. 47e.J ' On rivets exceeding one fourth of an inch in diameter, nuts and wash*

ers not less than two ounces each in weight, and bolts exceeding five

Rivets. • sixteenths of one inch in diameter, a duty of five dollars per ton : Provided,
That when a duty upon the iron from which rivets, nuts, washers, and
bolts, as aforesaid, shall have been made, has paid a duty of not less than
three dollars per ton, a duty only, in addition thereto, shall be paid of two
dollars per ton : Provided* farther. That castings of iron, and iron of all
descriptions advanced beyond pig iron, blooms, slabs, or loops, upon which
no duty has been assessed or paid in the form of pig iron, blooms, slabs,
or loops, shall be assessed and pay, in addition to the foregoing rates of
iron so advanced, a duty of three dollars per ton.

Steel. On steel, in ingots, bars, sheets, or wire, not less than one fourth of an

inch in thickness, valued at seven cents per pound or less, a duty of five
dollars per ton 5 valued at above seven cents per pound, and not above
eleven cents per pound, a duty of ten dollars per ton ; .valued at above
eleven cents, a duty of twelve dollars and fifty cents per ton : Provided,
That steel rolled, and sheet, rod, or wiref made of steel upon which a duty
has been assessed and, paid, shall be assessed and pay a duty of five per
centum ad valorem 1 upon the increased value only thereof;

Steam-engines. . On steam-engines, including locomotive and marine engines, a duty of

jPo&p. 476. three per centum ad valorem.

Quicksilver. On quicksilver produced from the ore, a duty of two per centum ad
Pott, p. 476. valorem.

Copper, &c .On copper and lead ingots, pigs or bars, and spelter and brass, a doty
Pea, p. 477. of three per centum ad valorem*

On rolled brass, copper rolled, yellow sheathing-metal, in rods or sheets,

THIRTY-EIGHTH CONGRESS. Sbss-L Ch. 173. 1864

269

Goat. &&,
skins*

TiffftthtiTt

Wine*

and shot, sheet lead, and lead pipes, a duty of three per centum ad va- Shot sheet
lorem: Provided, That when, any of the articles herein mentioned shall lead » &c#
not have been assessed and a doty paid thereon of three per centum, in
the form of ingots, pigs, or bars, a duty of five per centum shall be as-
sessed and paid thereon*

On goat, calf, kid, sheep, horse, hog, and dog skins, tanned or dressed
in the rough, a duty of five per centum ad valorem.

On goat, calf, kid, sheep, horse, hog, and dog skins, carried or finished,
a duty of five per centum ad valorem: Provided, That all goat, calf, -kid,
sheep, horse, hog, and dog skins, previously assessed in the rough, and
upon which duties have been actually paid, shall be assessed on the in-
creased value only when curried or finished.

On patent, enamelled, and japanned leather and skins of every de- Post, p. in.
scription, a duty of five per centum ad valorem.

On oil-dressed leather and deer skins, dressed or smoked, a duty of five
per •centum ad valorem : Provided, That when leather or skins, upon
which a duty has been previously assessed and paid, shall be manufac-
tured into gloves, mittens or moccasins, the -duty shall only be assessed
upon the increased value thereof when so manufactured.

On leather of all descriptions, tanned or partially tanned, in the rough,
a duty of five per centum ad valorem.

On leather of all descriptions, curried or finished, a duty of five per
centum ad valorem : Provided, That all leather previously assessed in the
rough and upon which dudes have been actually paid shall be assessed on
the increasedjealue only when curried or finished.

On wine made of grapes, a duty of five cents per gallon.

On all otber wines or liquors known or denominated as wine, not made
from currants, rhubarb, or berries, produced by being rectified or mixed
with other spirits, or into which any matter whatever may be infused to
be sold as wine, or by any other name, and not otherwise provided for in
this act, a duty of fifty cents per gallon : Provided, that the returns, assess- Post, p. 477.
ment, and collections of the duties on such wines shall be subject to the
regulations of the commissioner of internal revenue. And any person
who shall willingly and knowingly sell, or offer for sale, any such wine
made after the passage tof this act, upon which the duty herein imposed
has not been paid, or which has been fraudulently evaded, shall, upon con-
viction thereof, be subject to a penalty of one hundred dollars, or to im-
prisonment not exceeding two years, at the discretion of the court

On furs of all descriptions, when made up or manufactured, a duly of
five per centum ad valorem : Provided, That all manufactured furs, on
which a duty has been previously assessed and paid before manufacture,
it shall be assessed only on the increased value thereof when so manu-
factured.

On cloth and all textile or knitted or felted fabrics of cotton, wool, or Cloth, &c
other materials, before the same has been dyed, printed, or bleached, and
on all cloth painted, enamelled, shirred, tarred, varnished, or oiled, a duty Poet, p. 477.
of five per centum ad valorem : Provided, That thread and yarn, and
warps for weaving shall be regarded as manufactures, and be subject to a
duty of five per centum ad valorem.

On ready-made clothing, boots and shoes, gloves, mittens, and mocca- Clothing,
sins, caps, hats, and bonnets, or other articles of dress for the wear of
men, women, or children, five per centum ad valorem : Provided, That Post, p. 477.
any tailor, boot or shoe maker, hat, cap, or bonnet maker, milliner or
dressmaker, exclusively engaged in manufacturing any of the foregoing
articles to order as custom work, and not for sale generally, who shall,
make affidavit to the assessor or assistant assessor, that the entire amount
of such manufactures so made does not exceed the sum of six hundred
dollars per annum, shall be exempt from duty ; when exceeding six hun-

Penalty.

Foes.

Post, p. 477.

270

TfflRTY-EI&HTH CONGRESS. Sess.L Cbu J78. i864.

Cotton.

Manufactures,
&c, of cotton.

Post, p. 477.

Diamonds.
Post, p. 477.

Cavendish, &c,
tobacco.

[Amended, Post,
pp. 477, 478.)

Snuff,

p. 477.

* Chewing^to-
bacco.

Post, p. 477.

Cigarettes.

Post, p. 477.

Cigars.
Post, p. 477*

Cigats t how to
be packed and
stamped.

Post, p. 476.

dred dollars per annum, a duty of three per centum ad valorem on the
excess above six hundred dollars.

On cotton upon which no duty has been levied, collected, or paid, and
which is not 'exempted by law, a duty of two cents per pound, which shall
be and remain a Hen thereon, until said duly shall hc\ve been paid, in Hie
possession of any person or persons whomsoever*

On all manufactures of cotton, wool, silk, worsted, flax, hemp, jute,
India-rubber, gutta-percha, wood, willow, glass, pottery-ware, leather,
paper, iron, steel, lead, tin, copper, zinc, brass, gold, silver* bom, ivory,
bone, bristles, wholly or in part, pr of other materials not in this act other-
wise provided for, a duty of five per centum ad valorem : Provided, That
on all cloths dyed, printed, or bleached, on which a duty or tax shall have
been paid before the same were so dyed, printed, or bleached, the .said
duty or tax of five per centum shall be assessed only upon the increased
value thereof: And provided, further, That any cloth or fabrics, as afore-
said, when made of thread, yarn, or warps, upon which a duty, as afore-
said, shall have been assessed and paid, shall be assessed and nay a duty
on the increased value only thereon

On all diamonds, emeralds, precious stones, and* imitations thereof, and
all other jewelry, a duty of ten per centum ad valorem : Provided, That
when diamonds, emeralds, precious stones, or imitations thereof, imported
from foreign countries, or upon which import duties have* been paid, shall
be set or reset in gold, or any other material, the duty shall be assessed
and paid upon the value only of the settings.

On cavendish, plug, twist, and all other kinds of manufactured tobacco,
not herein provided for, from which the stem has been taken out in whole
or in part, or which is sweetened, thirty-five cents per pound.

On smoking tobacco manufactured with all the stem in, the leaf not
having been butted or stripped from the stem, and on refuse tobacco known
as fine-cut shorts, twenty-five cents per pound.

On smoking-tobacco made exclusively of stems, and not mixed with
leaf or leaf and stems, fifteen cents per pound*.

On snuff, manufactured of tobacco, or any substitute for tobacco, ground
dry or damp, pickled, scented, or otherwise, of all descriptions, thirty-five
cents per pound*

On fine-cut chewing-tobacco, whether manufactured with the stems in
or not, or however sold, whether loose* in bulk, or in packages, papers,
wrappers, or boxes, thirty-five cento per pound*

On cigarettes made of tobacco, enclosed in a paper wrapper, valued at
not over five dollars per hundred packages, each containing not more than
twenty-five cigarettes, one dollar per hundred packages* And all ciga-
rettes made of tobacco enclosed in a paper wrapper, valued at over five,
dollars per hundred packages, as aforesaid, shall be subject to the same
duties herein provided for cigars of like value*

On cigarettes made wholly of tobacco, and also on cigars known as che-
roots, or short sixes, valued in each case at not over five dollars per thou-
sand, three dollars per thousand*

On cigars, valued at over five dollars and: not over fifteen dollars per
thousand, eight dollars per thousand*

On cigars, valued at over fifteen dollars and not over thirty dollars per
thousand, fifteen dollars per thousand.

On cigars, valued at over thirty dollars per thousand and not over forty-
five dollars, twenty-five dollars per thousand.

On cigars, at over forty-five dollars per thousand, forty dollars per
thousand, and the valuation of cigars herein mentioned snail in aD cases
be the value of the cigars exclusive of the tax.

And all cigars manufactured after the passage of this act shall be
packed in bundles, boxes, or packages open to inspection, and correctly
labelled with the number and kind contained therein, and after inspection

s

THIRTY-EIGHTH CONGRESS. Sbss.L Ch.178^ 1864

271

unless the same shall be removed to a bonded warehouse for exportation,
shall be stamped by the inspector with stamps to be provided by the com-
missioner of internal revenue, denoting the tax- thereon, and so affixed
that the handle or box cannot be opened without effacing or destroying
said stamp* And any handle, box. or package of cigars which shall be
sold, or pass out of the hands of the manufacturer, except into a bonded
warehouse, without such stamps so affixed by an inspector, shall be for- Cigars sold
feited, and may be seized wherever found, and sold, one half of the pro- SfcSK^*"*
ceeds of such sale to be paid to the informer and the other to the United
States. And every person, before making any cigars after the passage of
this act, shall apply for and procure from the assistant assessor of the
district in which he or she resides, a permit authorizing such person to Makers to olv
carry on the trade of cigar-making, for which permit he or she shall pay tain P 61 ™ 1 *-
said assistant assessor the sum of twenty-five cents. And every person Post, p. 478.
employed, or working at the business of cigar-making in any other, dis-
trict than that in which he or she is a resident, shall, before making any
cigars in such other district, present said permit to the assistant assessor
of the district where so employed or working, and procure the indorse-
ment of said assistant assessor thereon, authorizing said business in said
district, for which indorsement the assistant assessor shall he entitled to
receive from the applicant the sum of ten cents. And it shall be the duty
of every assistant assessor, upon application of any person residing in his
district, to furnish a permit, or to indorse upon the permit of the appli-
cant, if resident in another district, authority to pursue the trade of dgar-
making with in th e proper district of such assistant assessor; and said
assistant assessor shall keep a record of all permits granted, or indorsed
by him, showing the date of each permit, the name, residence, and place .
of employment of the party named therein, the name and district of the
officer who originally, granted the same, or who may have made any sub-
sequent indorsements thereon, and the name or names of the party or
parties by whom the person named in such permit is employed, or, if
working for himself or herself, stating such fact ; and every person mak-
ing cigars shall keep an accurate account of all the cigars made by him Monthly ac-
or her, for whom, and their kind or quality ; and, if made for any other count
person, shall state in said account the name of the person or persons for
whom the same were made, and his or their place of business, and shall,
on the first Monday of every month, deliver to the assistant assessor of
'the district, if required by ham, a copy of such account, verified by oath
or affirmation that the same is true and correct* And if any person shall
make any cigars without procuring such permit, or the proper indorse-,
merit thereon, he or she shall be punished by a fine* of five dollars for
each day he or she shall so offend, or by imprisonment for such time as
the court may order for each day's offence, not exceeding thirty days in
the whole upon any one conviction. And if any person making cigars
shall fail to make the return herein required, or shall make a false return, penalty for
he or she shall be punished by a fine not exceeding one hundred dollars, maJung without
or by imprisonment not exceeding thirty days. And if any person, firm, permlfc '
company, or corporation shall employ or procure any person to make any
cigars, who has not the permit or the indorsement thereon required by this
act, he, she, or they shall be punished by a fine of ten dollars for each
day he, she, or they shall so employ such person, or by imprisonment not
exceeding ten days. And if any person shall be found making cigars
without such permit, or the indorsement thereon, the collector of the dis-
trict may seize any cigars, or tobacco for making cigars, which may be
found in possession of such person, and the same shall be forfeited to the
United States and sold ; and one half of the proceeds paid to the United
States, one fourth to the informer, and the other fourth to the collector
making the seizure.

On bullion in lump, ingot, bar, or otherwise, a duty of one Half of one Bullion.

272

THIRTY-EIGHTH CONGRESS. Sess. I Ch. 173. 1864.

per centam ad valorem, to be paid by the assayer of the same, who shall
stamp the product of the assay as the commissioner of internal revenue,
under the direction of the Secretary of the Treasury, may prescribe by
Sales, &c., of general regulations. And every and all sales, transfers, exchanges, trans-
ftwmpedT tobe P° rtetion > exportation of gold or silver assayed at any mint of the
unlawful United States, or by any private assayer, unless stamped as prescribed by

general regulations, as aforesaid, is hereby declared unlawful ; and every
person or corporation who shall sell, transfer, transport, exchange, export,
or deal in the same, shall be subject to a penally of one thousand dollars
for each offence, and to a fine not exceeding that sum, and to imprison-
ment for a term not exceeding two years nor less than six months. No
jeweler, worker, or artificer in gold and silver, shall use either of those
metals except it shall have first been stamped as aforesaid, as required
by this act; and every violation of this section shall subject the offender
to the penalties contained herein* No person or corporation shall take,
transport, or cause to be transported* export, or cause to be exported from
the United States any gold or silver in its natural state, uncoined or unas-
saved, and unstamped, as aforesaid ; and for every violation of this pro-
vision every offender shall be subject to the penalties contained herein :
Provided, That the foregoing subdivision of this section providing for a
When this part tax on gold and silver shall only be in force from and after sixty days

of act takes effect after ^ passa g e f thi s act.
Duty on arti- Sec. 95. And be it farther enacted, That whenever any manufactured

vahie^S^w^a? ar ^ es » goods, wares, or merchandise on which an excise or impost duty

Ing^&c has been paid, and which are not specially provided for, are increased in

value by being polished, painted, varnished, waxed, oiled, gilded, electro-
typed, galvanized, plated, framed, ground, pressed, colored, dyed, trimmed,
ornamented, or otherwise more completely finished or fitted for use or sale,
without changing the original character or purposes for which the same
are intended to be used, there shall be levied, collected, and paid a tax
of five per centum ad valorem upon the amount of such increased value,
to be ascertainecLby deducting from the value of the finished article when
sold, or removed for sale, delivery, or consumption, the cost or value of the
original article to the person, firm, or company liable to the duty imposed
upon the increased value thereof. The increasing of values in the man-
ner aforesaid shall be deemed manufacturing, and any person, firm, com-
pany, or corporation engaged therein shall be liable to all the provisions
of law for the collection of internal duties relating to manufacturers, as
to licenses, returns/payment of taxes, liens, fines, penalties, and forfeitures*
Exempt from Sbo**96* And be it further enacted, That newspapers, boards, shingles,

duty. laths, and other lumber, staves, hoops, shooks, headings, and timber par-

tially wrought and unfinished for chairs, tubs, pails, hubs, spokes, felloes,
snaths, lasts, shovel and fork handles, matchwood, umbrella stretchers, al-
cohol made or manufactured of spirits or materials upon which the duties
imposed by law shall have been paid, bone dust, plaster or gypsum, malt,
burning fluid, printers' ink, flax prepared for textile or felting purposes
until actually woven, marble and slate, or other building-stones in block,
rough and unwrought, charcoal, coke, all flour and meal made from grain,
Pott, p. 478* bread | and breadstuff's, butter, cheese, concentrated milk, parafiSne, whale
and fish oil, value of the bullion used in the manufacture of silver ware,
silver bullion rolled or prepared for platers' use exclusively, materials pre-
pared for the manufacture of hoop-skirts exclusively and unfit for other
use, (such as cut tapes and small wares for joining hoops together,) shall
Post, p. 47$. be, and hereby are, exempt from duty. And also all goods, wares, and
merchandise, and articles made or manufactured from materials which have
been subject to, and upon which internal duties have been actually paid,
or materials imported upon which duties have been paid, or upon Which
no duties have been imposed by law, where the increased value of such,
goods, wares, or merchandise, and articles so made or manufactured, shall

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 173* 1864

278

not .exceed the amount of five per centum ad valorem, shall be, and hereby
are, exempt from duty.

Sec. 97. And be it further enacted, That every person, firm, or cor- Existing con-
poration, who shall have made any contract prior to the passage of this act, teacts>
and without other provision therein for the payment of dudes imposed by
law enacted subsequent thereto, upon articles to be delivered under such
contract, is hereby authorized and empowered to add to the price thereof
so much money as will be equivalent to the duly so subsequently imposed
on said articles, and not previously paid* by the vendee, and shall be enti-
tled by virtue hereof to be paid, and to sue for and recover, the same
accordingly ; Provided, That where the United States is the purchaser Proviso,
under such prior contract, the certificate of the proper officer of the de-
partment by which the contract was made, showing, according to regula-
tions to be prescribed by the Secretary of the Treasury, the articles so
purchased by the United States, and liable to such subsequent duty, shall
be taken and received, so far as the same is applicable, in discharge of such
subsequent duties on articles so contracted to be delivered to the United
States and actually delivered according to such contract : —

AUCTION SAXES.

Auction salefc.

Sec* 98. And be it further enacted, That there shall be levied, col- What sales
lected, and paid, on all sales of real estate, goods, wares, merchandise, deluded,
articles, or things at auction, including all sales of shocks, bonds, and other
securities, a duty of one fourth of one per centum on the gross amount of
such sales ; and every auctioneer or other person making such- sales, as
aforesaid, shall, at the end of each and every month, or within ten days
thereafter, make a list or return to the assistant assessor of the district of
the gross amount of such sales, made as* aforesaid, with the amount of
duty which has accrued, or should accrue thereon, which list shall have
annexed thereto a declaration under oath or affirmation, in form and man-
ner as may be prescribed by the commissioner of internal revenue, that
the same is true and correct, and shall, at the same time, as aforesaid, pay
to the collector or deputy collector the amount of duty or tax thereupon,
as aforesaid, and in default thereof shall be subject to and pay a penalty
of five hundred dollars. In all cases of delinquency in making said list or
payment the assessment and collection shall be made in the manner pre-
scribed in the general provisions of this act : Provided, That no duty shall Proviso,
be levied under the provisions of this section upon any sales by judicial
or executive officers making auction sales by virtue of a judgment or de-
cree of any court, nor to public sales made by guardians, executors, or.
administrators.

BROKERS.

Broken, &c

Sec. 99. And be it further enacted, That all brokers, and bankers doing Duty on sales,
business as brokers, shall be subject to pay the following duties and rates
of duty upon the sales of merchandise, produce, gold and silver bullion,
foreign exchange, uncurrent money, promissory notes, stocks, bonds, or Post, p. 4T8.
other securities as hereinafter mentioned, and shall be subject to all the
provisions, where not inapplicable thereto, for the returns, assessment, col-
lection of the duties, and liens and penalties as are prescribed for the per-
sons, firms, companies, or corporations, owning or possessing, or having
the management of railroads, steamboats, and ferry-boats, that is to say :
Upon all sales of merchandise, produce, or other goods, one eighth of one
per centum ; upon all sales and contracts for sales of stocks and bonds,
one twentieth of one per centum on the par value thereof ; and of gold
and silver bullion and coin, foreign exchange, promissory notes, or other
securities, one twentieth of one per centum on the amount of such gales,
and of all contracts for such sales : Provided, That any person, firm, or

274

TBIBTlf-EtGSTH CONGRESS. Sess. Z

178. 1864

company, not being licensed as a broker, or banker, or wholesale or retail
dealer, who shall sell, or offer to sell, any merchandise, produce, or gold
and. silver bullion, foreign* exchange, uncurrent money, promissory notes,
stocks, bonds, or other securijies, not bona fide at the tune his own prop-
erty, and actually on hand, shall be liable, in addition to all other penal-
ties provided in such cases, to pay fifty per centum in addition to the
foregoing duties and rates of .duty.

Sac. 100. And be it .further enacted, That there shall be levied an-
Carriages, nually, on every carriage, yacht, billiard-table, gold watch, or pianoforte,
Jttto^&c^^ or °^ er Busies! instruments, and on all gold and silver plate the several
°^ duties or sums of money set down in figures against the same respectively,

or otherwise specified and set forth in schedule A, hereto annexed, to be
paid by the person or persons owning, possessing, or keeping the same on
the first Monday of May in each year, and the same shall be and remain
a lien thereon until paid.

SCHEDULE A.

Carriages. Carriage, gig, chaise, pha&ton, wagon, buggy wagon, carryall, rockaway, or

other like carriage, and any coach, hackney coach, omnibus, or four-
wheeled carriage, the body of which nests upon springs of any descrip-
tion, which may be kept for use, for furey.or for passengers, and which
shall not be used exclusively in husbandry or for the transportation
of merchandise, valued at fifty dollars and not exceeding one hundred
dollars, including harness used therewith, each, one dollar , r $1 00

Carriages of like description, valued at above one hundred dollars and not

above two hundred dollars, each, two dollars 2 00

Carriages of like description, valued at above two hundred dollars and not

above three hundred dollars, each, three dollars 8 00

Carriages of like description, valued at above three hundred dollars and not

above five hundred dollars, each, six dollars... 6 00

Carriages of like description, valued at above five hundred dollars, each, ten

dollars 10 00

Watches. On gold watches, composed wholly or in part of gold or gUt kept for use,

valued at one honored dollars or less, each, one dollar 1 00

On gold watches, composed wholly or in part of gold or gilt, kept for use

valued at above one hundred dollars, each, two dollars 2 00

Pianofortes. On pianofortes, organs, melodious, or other parlor musical instruments, kept

for use, not including those placed in churches or public edifices, valued
at not less than one hundred dollars and not aboye two hundred dollars,
each, two dollars 2 00

When valued at above two hundred dollars and not above four hundred

dollars, each, four dollars. « 4 00

When valued above four hundred dollars, each, six dollars 00

Yachts On yachts, pleasure or racing boats, by sail or steam, measuring by custom-
house measurement ten tons or less, each, five dollars 5 00

Exceeding ten and not exceeding twenty tons, each, ten dollars 1 10 00

Exceeding twenty and not exceeding forty tons, each, twenty-five dollars. . 26 00

Exceeding forty and not exceeding eighty tons, each, fifty dollars 50 00

Exceeding eighty and not exceeding one hundred and ten tons, each, seven-
ty-five dollars 75 00

Exceeding one hundred and ten tons, each, one hundred dollars 100 00

Billiard-tables. Billiard-tables, kept for use, ten dollars 10 00

Provided, That billiard-tables kept for hire, and upon which a license tax has
■ been imposed, shall not be required to pay the tax on billiard-tables kept
• for use as aforesaid, anything herein to the contrary notwithstanding.
Plate. On plate, of gold, kept for use, per ounce troy, fifty cents GO

On plate, of silver, kept for use, per ounce troy, five cents 05

proviso. Provided, That silver, spoons or plate of silver used by one family to ah

amount not exceeding forty ounces as aforesaid, belonging to any one
person, plate belonging to religious societies, and souvenirs and keep-
sakes actually given and received as such, and hot kept for use ; also, all
premiums awarded as a token of merit by any agricultural society, cor-
poration, or association of persons, for any purpose whatever, shall be
exempt from duty.

Slaughtered SLAUGHTERED CATTLE* SWINE* AND SHEEP,

cattle, swine and 7

Seo. 101* And be it further enacted, That there shall be paid by any
person, firm, company, or agent or employee thereof! the Mowing duties
or taxes, that is to say:—-

THIRTY-EIGHTH CONGRESS. Sbss. L Co. 17k 1864

275

On all cattle and calves exceeding three months old, slaughtered} ex- Slaughtered
cept when slaughtered lor the hides and tallow exclusively, forty cents cattle >^ c -
per head.

On all cattle and calves under three months old, slaughtered, five cents
per head.

On* all swine slaughtered, ten cents per head*

On all sheep and Iambs slaughtered, five cents per head.

Provided, That cattle, not exceeding five in number, and caives, swine, Proviso,
sheep, and lambs, not exceeding in all twenty in number, slaughtered by
any person for his or her own consumption, in any one year, shall be ex-
empt from doty; and all sheep slaughtered for the pelts shall pay two
cents only per head.

Sec 102. And be it further enacted, That on and after the date on P^nsdaugh-
which this act shall take effect, any person or persons, firms, or companies, ^^m^Sx^
or agents or employees thereof, who shall slaughter for sale, [any cattle,
calves, sheep, lambs, or swine,] or who shall be the occupant of any build-
ing or premises in which such cattle, sheep, or swine shall be slaughtered,
any cattle, calves, sheep, lambs, or swine, shall be required to make and
render a list within ten days after the first day of each and every month
to the assistant assessor of the district where the slaughtering is done, stat-
ing the number of cattle, calves, if any, the number of swine, if any, and
the number of sheep and lambs, if any, slaughtered, as aforesaid, with the
several rates of duty as fixed therein in this act, together with the whole
amount thereof, which list shall Eave annexed thereto a declaration df said
person or persons, agents or employees thereof, as aforesaid, under oath
or animation, in such manner and form as may be prescribed by the com-
missioner of internal revenue, that the same is true and correct, and shall,
within the time and in the manner prescribed for the payment of duties on
manufactures, pay the full amount of duties accruing thereon, as aforesaid,
to the collector or deputy collector of die district, as aforesaid ; and in case
of default in iraking the return or payment of the duties, as aforesaid,
the assessment and collection shall be made as in the provisions of this
act required; and in case of fraud or evasion, the parry offending shall
forfeit and pay a penalty of ten dollars per head for any cattle, calves,
swine, sheep, or lambs so slaughtered upon which the duty is fraudulently
withheld, evaded, or attempted to be evaded $ and the commissioner of
internal revenue may prescribe such further rules and regulations as he
may deem necessary for ascertaining the correct number of cattle, calves,
swine, sheep, and lambs liable to be taxed under the provisions of this
act.

RAILROADS, STEAMBOATS, FERRY-BOATS, AND BRIDGES* Railroads,

steamboats, ferr;

Sro« 103. And be it further enacted, That every person, firm, company, {SJjj^ 11 *
or corporation owning or possessing, ox having the care or management of,
any railroad, canal, steamboat, ship, barge, canal-boat, or other vessel, or Poet, p. 493.
any stage-coach or other vehicle engaged or employed in the business of
transporting passengers or property for hire, or in transporting the mails
of the United States, or any canal, the water of which is used for mining
purposes, shall be subject to and pay a duty of two and one half per cen-
tum upon the gross receipts of such railroad, canal, steamboat, ship, barge, Pest, p. 478.
canal-boat, or other vessel, or such stage-coach or other vehicle : Provided,
That die duty hereby imposed shall not be charged upon receipts for the Proviso,
transportation of persons or property, or mails, between the United
States and any foreign port; and any person or persons, firms, companies, Post, p. 478.
or corporations, owning, possessing, or having the care or management of
any toll-road, ferry, or bridge, authorized by law to receive toll for the
transit of passengers, beasts, carriages, teams, and freight of any descrip-
tion, over such toll-road, ferry, or bridge, shall be subject to and pay a

276

THIBTY-EIGHTH CONGRESS. Ssss. L Ch. 17a 1864

duty of three per centum on the gross amount of aU their receipts of
every description. But when the gross receipts -of any such bridge or
toll-road shah not exceed the amount necessarily expended to keep such
bridge or road in repair, no tax shall be imposed on such receipts : Pro-
vided, That all such persons, companies, and corporations shall have the

Poet, p. 485. right to add the duty or tax imposed hereby to their rates of fare when*
ever their liability thereto may commence, any limitations which may
exist by law or by agreement with any person or company which
may have paid or be liable to pay such fare to the contrary notwith-

Pott, p. 478. standing.

Impress com- BXPBBSS COMPANIES,

pontes,

Sec. 104. And be it further enacted. That any person, firm, company,
or corporation carrying on or doing an express business, shall be subject
to and pay a duty of three per centum on the gross amount of all the re**
ceipts of such express business.

Insurance com- INSURANCE COMPANIES*

prates*

Ssc. 105. And be it farther enacted. That there shall be levied, col-
lected, and paid a duty of one and a half of one per centum upon the
gross receipts of premiums, or assessments for insurance from loss or dam*
age by fire or by the perils of the sea, made by every insurance company,
whether inland or marine or fire insurance company, and by every asso*
elation or individual engaged in the business of insurance against loss or
damage by fire or by the perils of the sea ; and by every person, firm,
company, or corporation, who shall issue tickets or contracts of insurance
against injury to pontons while travelling by land or water ; and a like
duty shall be paid by the agent of any foreign insurance company having
an office or doing business within the* United States ; and that in the ac-
count or return to be rendered, they shall state the amount insured, re*
ike wed, or continued, the gross amount of premiums rece Ved and assess-

Post, p. 478. ments collected, and the duties by law accruing thereon for die quarter
then next preceding.

Passports. PASSPORTS.

Seo. 106. And be it further enacted. That for every passport issued
from the office of the Secretary of State, there shall be paid the sum of
five dollars ; which amount may be paid to any collector appointed under
this act, and his receipt therefor shall be forwarded with the application
for such passport to the office of the Secretary of State, or any agent ap-
pointed by him, to be transmitted to the commissioner of internal revenue,
there to be charged to the account of such collector. And the collectors
shall account for all moneys received for passports in the manner here*
inbefbre provided, and a like amount shall be paid for every passport
issued by any minister or consul of the United States, who shall account
therefor to the treasury*

Telegraph com- TELEGRAPH COMPANIES,

patties*

Sec. 107. And be it further enacted, That any person, firm, company,
or corporation owning or possessing or having the care or management
of any telegraphic line by which telegraphic despatches or messages are
received or transmitted, shall be subject to, and pay a tluty of, five per
centum on the gross amount of all receipts of such person, firm, company,
or corporation.

Theatres, 8tC*, THEATRES, OPERAS, CIRCUSES, AND MUSEUMS.

Seo. 108. And be it /farther enacted, That -any person, firm, or corpo-
ration, or the manager or agent thereof, owning, conducting, or having the

THIRTY-EIGHTH CONGRESS. Skss, I. Ck. 178. 1864. 377

care or management of any theatre, opera, circus, museum, or other pub- Theatre?, op-
lie exhibition of dramatic or operatic representations, plays, performances* &c -
musical entertainments, feats of horsemanship, acrobatic sports, or other
shows which are opened to 'the pubBc for pay, but not including occasional
concerts, school exhibitions, lectures, or exhibitions of works of art, shall
be subject to and pay a duty of two per centum on the gross amount of
all receipts derived by such person, firm, company,- or corporation from
such representations, plays, performances, exhibitions, showsi or musical
entertainments.

Sec. 109. And be it further enacted, That any person, firm, company, Persons having
or corporation owning or possessing, or having the care or management ^jf^£ r< ^~
of, any railroad, canal, steamboat, ship, barge, canal-boat, or other vessel, make monthly
or any ferry, toll-road or bridge, as enumerated and described in section returns to astess-
one hundred and two [three] of this act ; or carrying on or doing an ex- monthly,
press business ; or engaged in the business of insurance, as hereinbefore
described ; or owning or having the care and management of any tele- Post^ pr 479.
graph line, or owning, possessing, leasing, or having the control or man-
agement of any circus, theatre, opera, or museum, shall within twenty
days after the end of each and every month, make a list or return in
duplicate to the assistant assessor of the district, stating the gross amount
of their receipts, respectively, for the month next preceding, which re-
turn shall be verified by the oath or affirmation of such owner, possessor,
manager, agent, or other proper officer, in the manner and form to be
prescribed from time to time by the commissioner of internal revenue ;
and shall also pay to the collector the full amount of dudes which have
accrued on such receipts for the month aforesaid* And in case of neglect
or refusal to make said lists or return for the space of ten days after such
return should have been made as aforesaid, the assessor or assistant
assessor shall proceed to estimate the amount received and the duties
payable thereon, and shall add thereto ten per centum, as hereinbefore
provided in other cases of delinquency, to make return for purposes of
assessment; and for the purpose of making such assessment, or of ascer-
taining the correctness of any such return, the books of any such person,
firm, company, or corporation shall be subject to the inspection of the
assessor or assistant assessor on his demand or request therefor* And
in case of neglect or refusal to pay the dudes, with the addition aforesaid, Proceedings in
when the same have been ascertained, for the space of ten days after the ^^^ ect
same shall have become payable, the owner, possessor, or person having
the management as aforesaid, shall pay, in addition, ten per centum on the
amount of such duties and addition ; and for any attempt knowingly to
evade the payment of such dudes, the said owner, possessor, or person
having the care or management as aforesaid, shall be liable to pay a
penalty of one thousand dollars for every such attempt, to he recovered
as provided in this act for the recovery of penalties* And all provisions
of this act in relation to liens and collections by distraint, not incompat-
ible herewith, .shall apply to this section and the objects therein embraced.

BANKS AM> BAKKINO* Banks and

banking*

Sso. 110* And be it further enacted, That there shall be levied, col- Duty on de-
lected, and paid a duty of one twenty-fourth of one per centum each. P 08 ^*
month upon the average amonnt of the deposits of money, subject to -pay-
ment by check or draft, or represented by certificates of deposit or other-
wise, whether payable on demand or at some future day, with any person,
bank, association, company or corporation engaged in the business of
banking ; and a duty of one twenty-fourth of one per centum each month
as aforesaid, upon the average amount of the capital of any bank, as§oci- on capital,
ation, company, or corporation, or person engaged in the business of bank-
ing beyond the amount invested in United States bonds ; and a duty of

vol* xnL Pub. — 24

278

t

THIRTY-EIGHTH CONGRESS. Sjbss.1 Ch, 173/ 1864

one twelfth of one per centum each month upon the average amount of
Duty on circa- circulation issued by any bank, association, corporation, company, or per-
lation. son, including as circulation all certified checks and all notes and other

obligations calculated or intended to circulate or to be used as money, but
not including that in the vault of the bank, or redeemed and on deposit for
said bank ; and an additional duty of one sixth of one per centum, each .
month, upon the average amount of such circulation, issued as aforesaid,
beyond the amount of ninety per centum of the capital of any such bank,
association, corporation, company, or person, and upon any amount of
such circulation, beyond the average amount of the circulation that had
been issued as aforesaid by any such bank, association, corporation, com-
pany, or person, for the six months preceding the first day of July, eigjh-
Monthly re- teen hundred and sixty-four. And on the first Monday of August next,
tonk8 * and of each month thereafter, a true and accurate return of the amount of

circulation, of deposit, and of capital as aforesaid, for the previous month,
shall be made and rendered in duplicate by each of such banks, associa-
tions, corporations, companies, or persons to the assessor of the district in
which any such bank, association, corporation,"or company may be located,
or in which such person may reside, with a declaration annexed thereto,
and the oath or affirmation of such person, or of the president or cashier
of such bank, association, corporation, or company, in such form and man-
ner as may be prescribed by the commissioner of internal revenue, that
the same contains a true and faithful statement of the amount of circula-
tion, deposits, and capital as aforesaid, subject to duty as aforesaid, and
shall transmit the duplicate of said return to the commissioner of internal
Monthly pay- revenue, and within twenty days thereafter shall pay to the said commis-
ments. sioner of internal revenue the duties hereinbefore prescribed upon the

said amount of circulation, of deposits, and of capital, as aforesaid, and for
any refusal or neglect to make or to render such return and payment as
aforesaid, any such bank, association, corporation, company, or person so
in default shall be subject to and pay a penalty of two hundred dollars,
besides the additional penalty and forfeitures in other cases provided in
this act ; and the amount of circulation, deposit, and capital, as aforesaid,
in default of the proper return, shall be estimated by the assessor or as-
sistant assessor of the district as aforesaid, upon the best information he can
obtain ; and every such penalty^ together with the duties as aforesaid, may *
be recovered for. the use of the United States in any court of competent
Branch-banks* jurisdiction. And in the case of banks with branches, the duly herein
provided for shall be imposed upon the circulation of each branch, sever-
alty, and the amount of capital of each branch shall be considered to be
the amount allotted to such branch ; and so much of an act entitled « An
1863, ch. 7M 7. act to provide ways and means for the support of the government," ap-
Voh xii. p. 7I& proved March three, eighteen hundred and sixty-three, as imposes any

tax on banks, their circulation, capital, or deposits, other than is herein
provided, is hereby repealed: Provided, That this section shall not apply
to associations which are taxed under and by virtue of the act "to pro-
1863, ch. 5V* vide a national currency, secured by a pledge of United States bonds, and
VoL xii. p. 665. to prov |^ e f or t jj e circulation and redemption thereof; n nor to any sav-
[Clanse stricken ings-bank having no capital stock, and whose business is confined to re-
out, jw*^ p. 479.] ceiving deposits and loaning the same on interest for the benefit of the

depositors only, and which do no other business of banking : And pro-
What banks vided, further, Tfcat any bank ceasing to issue notes for circulation, and
exempt which shall deposit in the treasury of the United States, in lawful money,

the amount of its outstanding circulation, to be redeemed at par, under
such regulations as the, Secretary of the Treasury may prescribe, shall be
exempt from any tax upon such circulation*

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 173. 1864.

279

LOTTERIES. Lotteries*

Ssa 111* And be it farther enacted, That every individual partner-
ship, firm, and association, being proprietors, managers, or agents of lot-
teries, shall pay a tax of five per centum on die gross amount of the Duty,
receipts from the said business ; and all persons making such sales shall,
within ten days after the first day of each and every month, make and Monthlylists;
render a* list or return in duplicate to the assistant assessor of the gross to be given to
amount of such sales, made as aforesaid, with the amount of duty which
has accrued or should accrue thereon; which list shall have annexed
thereto a declaration, under oath or affirmation, in such form and signed
by such officer, agent, or clerk, as may be prescribed by the commissioner
of internal revenue, that the same is true and correct, and that the said
proprietors, managers, and agents shall, on or before the twentieth day
of each and every month, as aforesaid, pay the collector or deputy collec- Monthly pay-
tor of the proper district the amount of the duty or tax as aforesaid. And meo
in default of making such lists or returns, the said proprietors, managers,
and agents, and all other persons making such saie$ shall be subject* to
and pay a penalty of one thousand dollars, besides the additions, penalties, penalty for de-
and forfeitures in other cases provided ; and the said proprietors, man- fejgt in making
agers, and agents shall, in demit of paying the said duty or tax at the
time herein required, be subject to and pay a penalty of one thousand
dollars, or be imprisoned not exceeding one year* In all cases of delin-
quency in making said list, return, or payment, the assessments and col-
lections shall be made in the manner prescribed in the provisions of this
act in relation to manufactures, articles, And products : Provided, That the
managers of any sanitary fair, or of any charitable, benevolent, or relig- * Raffles at fairs,
ious association, may apply to the collector of the district and present to
him proof that the proceeds of any contemplated lottery, raffle, or gift
enterprise will be applied to the relief of sick and wounded soldiers, or to
some other charitable use, and thereupon the commissioner shall, grant a
permit to hold such lottery, raffle, or gift enterprise, and the said sanitary
fair, or charitable or benevolent association, shall be exempt from* all
charge, whether from tax or license, in respect of such lottery, raffle, or
gift enterprise : Provided, further, That nothing in this section contained No lottery
shall be construed to legalize any lottery. legalized.

Sec. 112. And be it further enacted, That each lottery ticket, or cer- Lottery tickets
tificate supplementary thereto, shall be legibly stamped at the time of to be stamped,
sale with the name of the vendor and the date of such sale, under a pen-
alty of fifty dollars, to be paid by the vendor of each lottery ticket or
certificate supplementary thereto sold without being first stamped as
aforesaid.

Sec. 11B. And be it further enacted^ That in addition to all other
penalties and forfeitures now imposed bylaw for the evasion of license Penalty for sell-
fees or other taxes upon the lottery business, any person who shall here- ^j^jjfjj^^** 8
after sell or dispose of any lottery ticket or certificate supplementary
thereto, or any device in the nature thereof, without having .first duly
obtained a license, as hereinbefore mentioned, shall incur a penalty of
five hundred dollars for each and' every such offence ; and any person
who shall purchase, obtain, or receive any lottery ticket, or any policy of
numbers, tokens, certificate, wager, or device, representing or intended to
represent a lottery ticket, or fractional part thereof, from, any person not
having a license to deal in lottery tickets, as provided by law, may recover
from such person of whom the same was purchased, obtained, or received,
at any time within three years thereafter, before any court of competent
jurisdiction, a sum equal to twice the amount paid for the same, with jrst
and legal costs.

280

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 173* 1804.

Advertisements.

ADVERTISEMENTS.

Quarterly re-
turns*

Payments.

Penalty foi
neglect;

for fraud or
evasion.

Proviso.

Exemption..

If a person has
more than one
place of business,
tax to be collected
where.

Sec. 114. And be it farther enacted, That there shall be levied, col-
lected, and paid by any person or persons, firm, or company, publishing
any newspaper, magazine, review, or other literary, scientific, or news pub-
lication, issqed periodically, on the gross receipts for all advertisements, or
all matters for the insertion of which in said newspaper or other publica-
tion, as aforesaid, or in extras, supplements, sheets, or fly-leaves accom-
panying the same, pay is required or received, a duty of three per centum ;
and the person or persons, firm, or company, owning, possessing, or having
the care or management of any and every such newspaper, or other publi-
cation, as aforesaid, shall make a list or return on the first day of January,
April, July, and October of each year, containing the gross amount of
receipts as aforesaid, and the amount of duties which have accrued
thereon, and render the same in duplicate to the assistant assessor of the
district where such newspaper, magazine, review, or other literary or
news publication is or may be published ; which list or return shall have
annexed a declaration, under oath or affirmation, to be made according to
the manner and form which may be from time to time prescribed by the
commissioner of internal revenue, of the owner, possessor, or person
having the care or management of such newspaper, magazine, review, or
other publication, as aforesaid, that the same is true and correct ; and shall
also, quarterly, within ten days after the time of making said list or
return, pay to the collector or deputy collector of the district the full
amount of said duties. And in case of neglect or refusal to comply with
any of the provisions contained in this section, or to make and render said
list or return, for the space of ten days after the time when said list or
return ought to have been made, as aforesaid, the assistant assessors of
the respective districts shall proceed to estimate the duties as heretofore
provided in other cases of delinquency ; and in case of neglect or refusal
to pay the duties, as aforesaid, for the space of ten days after said duties
become due and payable, and have been demanded, said owner, possessor,
or person or persons having the care or management of said newspa-
pers or publications, as aforesaid, shall pay, in addition thereto, a pen-
alty of ten per centum on the amount due. And in case of fraud or
evasion, whereby the revenue is attempted to be defrauded, or the duty
withheld, said owners, possessors, or person or persons having the care
or management of said newspapers or other publications, as aforesaid,
shall forfeit and pay a penalty of one thousand dollars for each offence,
or for any sum fraudulently unaccounted for. And all provisions in this
act in relation to returns, additions, penalties, forfeitures, Hens, assess-
ments, and collection, not incompatible herewith, shall apply to this
section and the objects herein embraced: Provided, That in all cases
where the rate or price of advertising is fixed by any law of the
United States, state, or territory, it shall be lawful for the company,
person or persons, publishing said advertisements, to add the duty or
tax imposed by this act to the price of said advertisements, any law to
the contrary notwithstanding ; and that the receipts for advertisements
to the amount of six hundred dollars annually, by any person or persons,
firm, or company publishing any newspaper, magazine, review, or other
literary, scientific, or news publication, issued periodically, shall be
exempt from duty: And provided, further, That all newspapers whose
average circulation does not exceed two thousand copies, shall be
exempted from all taxes for advertisements*

Sec. 115* And be it further enacted, That whenever by this act any
license, duty, or tax of any description: has been imposed on any person
or corporate body, or property of any person, or incorporated or unin-
corporated company, having more than one place of business, it shall
be lawful for the commissioner of internal revenue to prescribe and

THIRTY-EIGHTH CONGRESS. Sess.L €h.17o\ 1864.

281

determine in what district such tax shall be assessed and collected, and

to what officer thereof the official notices required in that behalf shall

be given, and of whom payment of such tax shall he demanded : Pro- Tax on manu-

vided, That all taxes on manufactures, manufacturing companies, and ^^f 8,coltected

manufacturing corporations shall be assessed, and the tax collected, in

the district within which the place of manufacture is located, unless

otherwise provided.

INCOM&. Income duty.

Sec. 116. And he it further enacted, That there shall be levied, col- [Amended, Post,
lected, and paid annually upon the annual gains, profits, or income of P*
every person residing in the united States, or of any citizen of the United
States residing abroad, whether derived from any kind of property,.rents, 00 ^ trces 01 **-
interests, dividends, salaries, or from any profession, trade, employment,
or vocation, carried on in the United States or elsewhere, or from any
other source whatever, except as hereinafter mentioned, if such annual
gains, profits, or income, exceed the sum of six hundred dollars, a duty
of five per centum on the excess over six hundred dollars and not exceed- Bate,
ing five thousand dollars ; and a duty of seven and one half of one per
centum per annum on the excess over five thousand 'dollars and not ex-
ceeding ten thousand dollars ; and a duty of ten per centum on the excess
over ten thousand dollars. And the duty herein provided for shall be
assessed, collected, and paid upon the gains, profits, or income for the J^^f 8 * 886 *
year ending the thirty-first day of December next, preceding the time for pay*""*
levying collecting, and paying said duty: Provided, That income de- Brov&os.
rived from interest upon notes, bonds, and other securities of the United
States, shall be included in estimating incomes under this section : Pro*
vided, That only one deduction of six hundred dollars shall be made from Deductions,
the aggregate incomes of all the members of any family composed of parents
and minor children, or husband and wife, except in cases where such
separate income shall be derived from the separate and individual estate, Profits and
gains, or labor of the wife or child : And provided, Jwther, That net rJ^j^tate?
profits realized by* sales of real estate purchased within the year for
which income is estimated, shall be chargeable as income ; and losses on
sales of real estate purchased within the year, for which income is esti-
mated, shall be deducted from the income of such year.

Sec. 117* And be it farther enacted. That in estimating the annual Taxes to be
gains, profits, or income of any person, all national, state, and municipal deducted,
taxes, other than the national income tax, lawfully assessed within the ^Amended, Post,
year upon the property or sources of income of any person, as aforesaid, P*
from which said annual gains, profits, or income is or should be derived,
shall be deducted, in addition to six hundred dollars, from the gains,
profits, or income of , the person who has actually paid the same, whether
owner, tenant, or mortgagor; also the salary or pay received for services
in the civil, military, naval, or oilier service of the United States, includ-
ing senators, representatives, and delegates in congress, above the rate
of six hundred dollars per annum ; and there shall also be deducted the Dividends on
income derived from dividends on shares in the capital stock of any bank, |^^Sf peady
trust company, savings institution, insurance, railroad, canal, turnpike,
canal navigation, or slack-water company, and the interest on any bonds
or other evidences of indebtedness of any such corporation or company,
which shall have been assessed and the tax paid, as hereinafter provided ;
also the amount paid by any person for the rent of the homestead used
or occupied by himself or his family, and the rental value of any home-
stead used or occupied by any person, or by his family, in his own right
or in the right of his wife, shall not be included and assessed as part of
the income of such person. In estimating the annual gains, profits, or Aimaal gains,
income of any person, the interest over and above the amount of interest e8tunated *
paid upon all notes, bonds, and mortgages, or other forms of indebtedness,

24*

282

THIRTY-EIGHTH CONGRESS. Sbss. L Ch. 173. . 180*.

Annual gains, bearing interest, whether due and paid or not, if good and collectable,
how estimated, shall be included and assessed as part of the income of such person for

each year ; and also all income or gains derived from the purchase and
sale of stocks or other property, real or personal, and the increased value
of live stock, whether sold or on hand, and the amount of sugar, wool,
butter, cheese, pork, beef, mutton, or other meats, hay, and grain, or other
vegetable or other productions of the estate of such person sold, not in-
cluding any part thereof unsold or on hand during the year next preced-
ing the thirty-first of December, shall be included and assessed as part
of the income of such person for each year, and the gains and profits of
all companies, whether incorporated or partnership, other than the com-
panies specified in this section, snail be included in estimating die annual
gains, profits, or income of any person entitled to the same, whether
Annual dedao* divided or otherwise. In estimating deductions from income, as aforesaid,
ttma^how esti- when any person rents buildings, lands, or other property, or hires labor

to carry on land, or to conduct any other business from which such in-
come is actually derived, or pays interest upon any actual incumbrance
thereon, the amount actually paid for such rent, labor, or interest shall be
deducted ; and also the amount paid out for usual or ordinary repairs, not
exceeding the average >paid out for such purposes for the preceding five
years, shall be deducted, but no deduction shall be made for any amount
paid out for new buildings, permanent improvements, or betterments,
Proviso. made to increase the value of any property or estate ; Provided, That in
cases where the salary or other compensation paid to any person in the
employment or service of the United States, shall not exqeed the rate of
six hundred dollars per annum, or shall be by fees, or uncertain or irreg-
ular in the amount or in the time during which the same- shall have ac-
crued or been earned, such salary or other compensation shall be included
in estimating the annual gains, profits, or income of the person to whom
the same shall have been paid, in such manner as the commissioner of
internal revenue, under the direction of the Secretary ofSthe Treasury,
may prescribe.

lists of income Sec. 118. And be it further enacted, That it shall be the duty of all
to be returned persons of lawful age, and all guardians and trustees, whether such trus-
under ; tees are so by virtue of their office as executors, administrators, or in
[Amended, Post, other fiduciary capacity, to make a list or return 'under oath or affirma-
p. 480.1 tion, in such form and manner as may be prescribed by the commissioner

of internal revenue, to the assistant assessor of the district in which he
resides, of the amount of his or her income, or the income of such minors
or persona as may be held in trust as aforesaid, according to the require-
to state what ments hereinbefore mentioned, stating the sources from which said income
is derived, whether from any kind of property, or the purchase and sale
of property, rents, interest, dividends, salaries, or from any profession^ *
In case of neg- trade, employment, or Vocation, or otherwise. And in case of neglect or
makeretura. refusal to make such return, the assessor or assistant assessor shall assess

the amount of his or her income, and the duty thereon, in the same man-
ner as Is provided for in other cases of neglect and refusal to furnish lists
or returns in the provisions of this act, where not otherwise incompatible ;
and the assistant assessor may increase the amount of the list or return,
or of any party making such return, if he shall be satisfied that the same
Proviso. is understated : Provided, That any party, in bis or her own behalf, or
as guardian or trustee, as aforesaid, shall be permitted to declare, under
oath or affirmation, the form and manner of which shall be prescribed by
the commissioner of internal revenue, -that he or she was not possessed
of an income of six hundred dollars, liable to be assessed according to the
provisions of this act, or may declare that he or she has been assessed
elsewhere in the same year for, and has paid an income duty under au-
thority of the United States, and shall thereupon be exempt from income
duty in said district ; or, if the list or return of any party shall have been

THIRTY-EIGHTH CONGRESS. Sess..L Ob. 178. 1864 283'

increased by the assistant assessor, in manner as aforesaid, such party t^T^^^* tf
may be permitted to declare, under oath or affirmation, the amount of c^wA by as?"
annual income, or the amount held in trust, as aforesaid, liable to be as* season,
sessed, and the same, so declared, shall be received by such assistant
assessor as true, and as the suih upon which duties are to be assessed and
collected, except that the deductions claimed in such cases shall not be
made or allowed until approved by the assistant assessor* But any per-
son feeling aggrieved by the decision of the assistant assessor in such
cases, may appeal to the assessor of the district, and his decision thereon Appeal
shall be final ; and the form, time, and manner of proceedings shall be
subject to rules and regulations to be prescribed by the commissioner of
internal revenue*

Sso*. 119. And be it further enacted. That the dudes on incomes Duties on in-
herein imposed shall be levied on the first day of May, and be due and comes* when pay-
payable on or before the thirtieth day of June, in each year, until and aWe#
including the year eighteen hundred and seventy, and no longer ; and to
any sum or sums annually due and unpaid for thirty days after the thir- Port, p. 481.
tieth of June, as aforesaid, and for ten days after demand thereof by the
collector, there shall be levied in addition thereto the sum of ten per
centum on the amount of duties unpaid, as a penalty, except from the
estates of deceased and insolvent persons. And if any person liable to
pay such duly shall neglect or refuse to pay the same, alter such demand, Penalty forneg-
the amount due shall be a lien in favor of the United States from the lectorreftwai to
time it was due until paid, with the interest, penalties, and costs that may pay "
accrue in addition thereto, upon all the property and rights to property
belonging to such person ; and in default of the payment of said duty
aforesaid, said lien may be enforced by distraint upon such property,
rights to property, stocks, securities, and evidences of debt, by whomso-
ever holden ; and for this purpose the collector, after demands duly given,
as aforesaid, shall issue a warrant, in form and manner to be. prescribed
by the commissioner of internal revenue, under the directions of tlje
Secretary of the Treasury, and by virtue of such warrant there may be
levied on such property, rights to property, stocks, securities, and evi- Levy.
dences of debt, a further sum, to be fixed and stated in such warrant, over
and above the said annual duty, interest, and penalty for non-payment,
sufficient for the fees^ costs, and expenses of such levy. And in all eases
of sale, as aforesaid, Vhe certificate of such sale by the collector shall vest Sale,
in the purchaser all right, title, and interest of such delinquent in and to
such property, whether the property be real or personal ; and where the
subject of sale shall be stocks, the certificate of said sale shall be lawful
authority and notice to the proper corporation, company, or association, to
record the same on the books or records, in the same manner as if trans*
ferred or assigned by the person or party holding the same, to issue new
certificates of stock therefor in lieu of any original or prior certificates,
which shall be void whether cancelled or not. And said certificates of
sale of the collector,* where the subject of sale shall be securities or other
evidences of debt, shall be good and valid receipts to the person holding
the same, as against any person holding, or claiming to hold, possession of
such securities or other evidences of debt.

Sec 120. And be it further enacted, That there shall* be levied and Dutyon divi-
coUected a duty of five per centuin on all ' dividends in scrip or money d0nds in 8eri P*
thereafter declared due, and whenever the same shall be payable,' to stock-
holders, policy-holders, or depositors, as part of the earnings, income, or
gains of any bank, trust company, savings institution, and of any fire,
marine, life, inland insurance company, either stock or mutual, under
whatever name or style known or called, in the United States or terri-
tories, whether specially incorporated or existing under general laws, and
on all undistributed sums, or sums made or added during the year to their
surplus or contingent funds; and sa$d banks, trust companies, savings in-

284

THIBTY-EIGHTH CONGRESS. Sbss. L Ch. 173. 1864.

fault In making
duplicate*

Proviso.

Post, p. 481.
Banks neglect-

stitutions, and insurance companies shall pay the said duty, and are here-
by authorized to deduct arid withhold from all payments made on account
of any dividends or sums of money that may be due and payable as afore-
said, the said duty of five per centum. And a list or return shall be made
^Liste in dupli- rendered to the assessor or assistant assessor in duplicate, and one of

said lists or returns shall be transmitted, and the duly paid to the com-
missioner of internal revenue within thirty days after the time when any
dividends or sums of money become due or payable as aforesaid ; and
said list or return shall contain a true and faithful account of the amount
of duties as aforesaid ; and there shall be annexed thereto a declaration
of the president, cashier, or treasurer of the bank, trust company, savings
institution, or insurance company, under oath or affirmation, in form and
manner as may be prescribed by the commissioner of internal revenue,
that the same contains a true and faithful account of the duties as afore 5 -
^^[mJ^ s^d* And for* any default in the making or rendering of such list or re-
" M ° turn, with such declaration annexed, the bank, trust company, savings
institution, or insurance company, making such default, shall forfeit as a
penalty the sum of one thousand dollars ; and in case of any default in
making or rendering said list or return, or of any default in the payment
of the duty as required, or any part thereof, the assessment and collection
of the duty and penalty shall be in accordance with the general provisions
of law in other cases of neglect and refusal : Provided, That the duty
upon the dividends' of life insurance companies shall not be deemed due
or to be collected until such dividends shall be payable by such companies,
nor shall the portion of premiums returned by mutual life insurance com-
panies to their policy holders be considered as dividends or profits under
this act

* Sec. 121. And be it further enacted, That any bank legally authorized
S^onsTo surplus t0 * ssue notes 118 circulation, which shall neglect or omit to make dividends
fluid, to return or additions to its surplus or • contingent fund as often as once in six
semi-annually^^ months, shall make a list or return in duplicate, under oath or affirmation
amoun o pro ^ p res ^ ent or cashier, to the assessor or assistant assessor of the dis-
trict in which it is located, on the first day of January and July in each year,
or within thirty days thereafter, of the amount of profits which have
accrued or been earned and received by said bank during the six months
next preceding said first days of January and July ; and shall present one
of said lists or returns and pay to the collector of the district a duty of
five per centum on such profits ; and In case of default to make such list
or return and payment within the thirty days as aforesaid, shall be sub-
ject to the provisions of the foregoing section of this act: Provided, That
when any dividend is made which includes any part of the surplus or
contingent fund of any bank, trust company, savings institution, insurance
or railroad company, which has been assessed and the duty paid thereon,
the amount of duty so paid on that portion of the surplus or contingent
fund may be deducted from the duty on such dividend*

Seo. 122. And be it further enacted, That any railroad, canal, tarn-
pike, canal navigation, or slackwater company indebted for any money for
which bonds or other evidence of indebtedness have been issued, payable
in one or more years after date, upon which interest is stipulated to be paid,
or coupons representing the interest, or any such company that may have
declared any dividend in scrip*, or money due or payable to its stockhold-
ers, as part of the earnings, profits, income, or gains of such company,
and all profits of such company carried to the account of any fund, or used
for construction, shall be subject to and pay a duty of five per centum on
the amount of all such interest, oc coupons, dividends, or profits, whenever
the same shall be payable ; and said companies are hereby authorized to
deduct and withhold from all payments', on account of any interest, or
coupons and dividends due and payable as aforesaid, the daty of five per
centum ; and the payment of the amount Of said duty so deducted from

Proviso.

Kailroad and
other corpora-
tion bonds*

THIRTY-EIGHTH CONGRESS- Sbss.1. Ch. 173. 1864

285

the interest, or coupons, or dividends, and certified by the president or

treasurer of said company, shall discbarge said company from that amount

of the dividend, or interest, or coupon, on the bonds or other evidences of

their indebtedness so held by any person or party whatever, except where

said companies may have contracted otherwise* And a list or return shall Ketnrns.

be made and rendered to the assessor or assistant assessor in duplicate, and

one of said lists or returns shall be transmitted and the duty paid to the

commissioner of internal revenue within thirty days after the time when'

said interest, coupons, or dividends become due and payable, and as often as

every six months ; and said list or return shall contain a true and faithful.

account of the amount of the duty, and there shall be annexed thereto a

declaration of the president or treasurer of the company, under oath or

affirmation, in form and manner ad may be prescribed by the commissioner

of internal revenue, that the same contains a true and faithful account of

said duty* And for any default in making or rendering such list or . Defenltinmak-

return, with the declaration annexed, or of the payment of the duty as m & ^tiam.

aforesaid, the company making such default shall forfeit da a penalty the

sum of one thousand dollars $ and in case of any default in making or

rendering said list or return, or of the payment of the duty, or any part*

thereof, as aforesaid, the assessment and collection of the duty and penalty

shall tye made according to the provisions of law in other cases of neglect

or refusal

Sec. 123* And h it further enacted. That there shall be levied, col- Duty oa in-
lected, and paid, on all salaries of officers, or payments for services to per- ^^^J^Sm
sons in the civil, military, naval, or other employment or service of the service*
United States, including senators and representatives and delegates in
congress, when exceeding the rate of six hundred dollars per annum, a
duty of five per centum on the excess above the said six hundred dollars;
and it shall be the duty of all paymasters, and all disbursing officers, un-
der the government of the United States, or in the employ thereof, when
making any payments to officers and persons as aforesaid, or upon settling Disbursing offi-
and adjusting the accounts of such officers and. persons, to deduct and ^^^° ct
withhold the aforesaid duty of five per centum, and shall, at the same time,
make a certificate stating the name of the officer or person from whom such
deduction was made, and the amount thereof, which shall be transmitted
to the office of the commissioner of internal revenue, and entered as part
of the internal duties ; and the pay-roll, receipts, or account of officers or
persons paying such duty, as aforesaid, shall be made to exhibit the fact
of such payment* And it shall be the duty of the several auditors of
the Treasury Department, when auditing the.accounts of any paymaster or
disbursing officer, or when settling or adjusting the accounts of any such
officer, to require evidence that the dudes or taxes mentioned in this sec-
tion have been deducted or paid over to the commissioner of internal
revenue : Provided, That payments of prize money shall be regarded as
income from salaries, and the duty thereon shall be adjusted and collected
in like manner.

LEGACIES AN1> I>ISTRXBtmVB SHARES OF PEBSOKAX* PBOPfeBTST^ Legacies, &C

Sec* 124* And be it fwrther enacted. That any person or persons hav-
ing in charge or trust, as administrators, executors, or trustees, any lega-
cies or distributive shares arising from personal property, where the whole
amount of such personal property, as aforesaid, shall exceed the sum of
one thousand dollars in actual value, passing, after the passage of this act,
from any person possessed of such property, either by will or by the intes-
tate laws of any state or territory, or any personal property or interest
therein, transferred by deed, grant, bargain, sale, or gift, tnade or intended
to take effect in possession or enjoyment after the death of the grantor
or bargainor, to any person or persons, or to any body or bodies politic or

286 THIRTY-EIGHTH CONGRESS. Sssa.1. Ch. 178. 1864.

Duty on leg*- corporate) in trust or otherwise, shall be, and hereby are, made subject to
des, &c a ^ ut y or ^0 be paid to the United States, as follows, that is to say : — •

First Where the person or persons entitled to any beneficial interest
in such property shall be the lineal issue or lineal ancestor, brother or
sister, to the person who died possessed of such property, as aforesaid, at
the rate of one dollar for each and every hundred dollars of the clear value
of such interest in such property.

Second* Where the person or persons entitled to any beneficial interest
in such property shall be a descendant of a brother or sister of the person
who died possessed, as aforesaid, at the rate of two dollars for each and
every hundred dollars of the clear value of such interest

Third. Where the person or persons entitled to any beneficial interest
in such property shall be a brother or sister of the father or mother, or a
descendant of a brother or' sister of the father or mother, of the person who
died possessed, as aforesaid, at the rate of four dollars for each and every
hundred dollars of the clear value of such interest.

Fourth* Where the person or persons entitled to any beneficial interest
in such property shall be a brother or sister -of the grandfather or grand-
mother, or a descendant of the brother or sister of the grandfather or
grandmother, of the person who died possessed as aforesaid, at the rate of
five dollars for each and every hundred dollars of the clear value of such
interest

Fifth* Where the person or persons entitled to any beneficial interest
in such property shall be in any other degree of collateral consanguinity
than is hereinbefore stated, or shall be a stranger in blood to the person
who died possessed, as aforesaid, or shall be a body politic or corporate,
at the rate of six dollars for each and every hundred dollars of the clear
ftom*taxf Xemp * vt ^ ue °f such interest: Provided, That all legacies or property passing

by will, or by the laws of any state or territory, to husband or wife of
the person who died possessed, as aforesaid, shall be exempt from tax or
duty*

Duty to be a Sec. 125. And be it Jurfher enacted. That the tax or duty aforesaid shall
***** be a lien and charge upon the property of every person who may die as

aforesaid, for twenty years, or until the same shall, within that period, be
fully paid to and discharged by the United States ; and every executor,
administrator, or trustee, before payment and distribution to the legatees,
or any parties entitled to beneficial interest therein, shall pay to the col-
lector or deputy collector of the district of which the deceased person was
a resident, the amount of the duty or tax assessed upon such legacy or
'distributive share, and shall also make and render to the assessor or assist-

lists. ant assessor of the said district a schedule, list, or* statement, in duplicate,

of the amount of such legacy or distributive share, together with the
amount of duty which has accrued, or shall accrue, thereon, verified by
his oath or affirmation, to be administered and certified thereon by some
magistrate or officer having lawful power to administer such oaths, in such
form and manner as may be prescribed by the commissioner of internal
revenue, which schedule, list, or statement shall contain the names of
each and every person entitled to any beneficial interest therein, together
with the clear value of such interest, the duplicate of which schedule,
list, or statement shaH be by him immediately delivered, and the tax
thereon paid to such collector ; and upon such payment and delivery of
such schedule, list, or statement, said collector or deputy collector shall
grant to such person, paying such duty or tax, a receipt or receipts for
the same in duplicate, which shall be prepared as hereinafter provided*
Such receipt or receipts, duly signed and delivered by such collector or
deputy collector, shall be sufficient evidence to entitle such executor, ad-
ministrator, or trustee, to be credited and allowed such payment by every
tribunal which, by the laws of any state or territory, is, or may be, em-
powered to decide upon and settle the accounts of executors and adminis-

t

THIRTY-EIGHTH CONGRESS. Sess.1. Ch. 173. 1864. 287

tatters. And in case such executor, administrator, or trustee, shall refuse Refusal or ueg-
or neglect to pay the aforesaid duty or tax to tfce collector or deputy col- Ject to
lector, as aforesaid, within the time hereinbefore provided, or shall neglect
or refuse to deliver to said collector or deputy collector the duplicate of
the schedule, list, or statement of such legacies, property, or personal
estate, under oath, as aforesaid* or shall neglect or refuse to deliver the
schedule, list, or statement of such legacies, property, or personal estate,
under oath, as aforesaid, or shall deliver to said assessor or assistant
assessor a false schedule or statement of such legacies, property, or per- False schedules,
sonal estate, or give the names and relationship of the persons entitled
to beneficial interests therein untruly, or shall not truly and correctly
set forth and state therein the clear value of such beneficial interest,
or where no administration upon such property or personal estate shall
have been granted or allowed under existing laws, the assistant as-
sessor shall make out such lists and valuation as in other cases of neg-
lect or refusal, and shall assess the duty thereon ; and the collector
shall commence appropriate proceedings before any court of the United ,
States, in the name oi the United States, against such person or per-
sons as may have the actual or constructive custody or possession of
such property or personal estate, or any part thereof, and shall subject
such property or personal estate, or any portion of the same, to be sold Properly to be
upon the judgment or decree of such court, and from the proceeds of 8Qla *
such sale the amount of such tax or duty, together with all costs and
expenses of every description to be allowed by such court, shall be
first paid, and the balance, if any, deposited according to the order of
such court, to be paid under its direction to such person or persons as
shall establish title to the same. The deed or deeds, or any proper con-
veyance of such property or personal estate, or any portion thereof, so
sold under such judgment or decree, executed by the officer lawfully
charged with carrying the same into effect, shall vest in the purchaser Meet of deed
thereof aU the title of the delinquent to the property or personal estate < * 8a ^ e *
sold under and by virtue of such judgment or decree, and shall release
every other portion of such property or personal estate from the lien or
charge thereon created by this act. Ana every person or persons who persons having
shall have in his possession, charge, or custody, any record, file, or paper papers relating to
containing, or supposed to contain, any information concerning such prop- f^ftbem to a*
erty or personal estate, as aforesaid, passing from any person who may sessor, &c
die, as aforesaid, shall exhibit the same at die request of the assessor or
assistant assessor of the district, and to any law officer of the United
States, in the performance of his duty under this act, his deputy or agent,
who may desire to examine the same. And if any such person, having
in his possession, charge, or custody, and [any] such records, files, or Po9i,& 481.
papers, shall refuse or neglect to exhibit the same on request, as aforesaid,,
he shall forfeit and pay the sum of five hundred dollars : Provided, £That1
in all legal controversies where such deed or title shall be the subject of
judicial investigation, the recital in said deed shall be prima fade evidence
of its truth, and that the requirements of the law bad been complied with
by the officers of the government.

*

SUCCESSION TO BSAL ESTATE. flTOCessioato

zeal estate*

S&a 126. And be it farther enacted, That for the purposes of this
act the term * real estate * shall include all lands, tenements, and heredita- Eeal estate to
men ts, corporeal and incorporeal ; that the term w succession n shall de- 5nd - ttde wllftt *
note the devolution of title to any real estate ; . and that the term " person "
shall be held to include persons, body corporate, company, or association. ;

Sec 127. And be it further mooted, That every past or future dispo-
sition of real estate by will, deed, or laws of descent, by reason whereof
any perso[n] shall become beneficially entitled, io possession or expec-

288

THIRTY-EIGHTH CONGBESS. Siss. L Ch. 178- 1864

tancy, to any real estate, or the income thereof, upon the death of any
person dying alter the passing of this act, shall be deemed to confer, on
" Succession," the person entitled by reason of any such disposition, a ^succession ; * and
" 8ac ®^^„ the term * successor n shall ^denote the person so entitled; and the term
mean what. " predecessor" shall denote the grantor, testator, ancestor, or other person

from whom the interest of the successor has been or shall be derived*
A charge upon 3bc» 128* And be it further enacted, That where any real estate shall,
S^dlbtyde^to at or a ^ er ^ e passing of this act, be subject to any charge, estate, or in-
to a u 8uccsa- terest, determinable by the death of any person, or at any period ascer-
sion." tainable only by reference to death, the increase of benefit accruing to

any person upon the extinction or determination of such charge, estate, or
interest, shall be deemed to be a succession accruing to the person then
entitled, beneficially, to the real estate or the income thereof*
Persons taking Sec. 129* And be it further enacted, That where any persons, after the
ioMy *how to passing of this act, shall take any succession jointly, they shall pay the
pay duty. ■ duty chargeable thereon by this act in proportion to their respective in-
terests in the succession ; and any beneficial interest in such succession,
accruing to any of them by survivorship, shall* be deemed to be a new
succession, derived from the predecessor from whom the joint title shall
have been derived.

Benefits accru- Sec 180. And be it further enacted, That where any disposition of real
t?oa i bydeaX of" sna ^ h 6 accompanied by the reservation or assurance of, or contract
charge on real for, any benefit to the grantor, or any other person, for any term of life,
estate to be a or f or any period ascertainable only by reference to death, such dtsposi-
succession, ^ deemed to confer at the time appointed for the determination

of such benefit an increase of beneficial interest in such real estate, as a
succession equal in annual value to the yearly amount or yearly value of
the benefit so reserved, assured, or contracted for, on the person in whose
favor such disposition shall be made*
Where title Sec. 181. And be it further enacted, That where any disposition ot real
passes, bnt bene- estate shall purport to take effect presently, or under such circumstances
MaThowaer$hip ^ nofc to succession, but, by the effect or in consequence of any

engagement, secret trust, or arrangement capable of being enforced in a
court of law or equity, the beneficial ownership of such real estate shall
not, bona fide, pass according to the terms of such disposition, but shall,
in fac,t, be reserved to the grantor or other person for some period ascer-
tainable .only by reference to death, the person shall be deemed, for the
purposes of this act, to acquire the real estate so passing as a succession
derived from the person making the disposition as the predecessor.
Deed without SfiC« 182, And be it further enacted. That if any person shall, by deed
emSo^town^ °^ 8^ or otner assurance of title, made without valuable and adequate
fer a succession consideration, and purporting to vest the estate either immediately or in
upon grantee. the future, whether or not accompanied by the possession, convey any

real estate to any person, such disposition shall be held and taken to confer-
upon the grantee a succession within the meaning of this act.

Seo. 183. And be it further enacted, That there shall be levied and
JjJjjJJ* on sue- paid to the United States in respect of every such succession as aforesaid,
according to the value thereof, the following duties, that is to say : —

Where the successor shall be the lineal issue or lineal ancestor of
the predecessor, a duty at the rate of one dollar per centum upon such
value.

Where the successor shall be a brother,or sister, or a descendant of a
brother or sister of the predecessor, a duty at the rate of two dollars per
centum upon such value.

Where the successor shall be a brother or sister of the father or mother,
or a descendant of a brother or sister of the father or mother of the pre-
decessor, a duty at the rate of four dollars per centum upon such value.

Where the successor shall be a brother or sister of the grandfather or
grandmother, or a descendant of the brother or sister of the grandfather

THIRTY-EIGHTH CONGRESS. Sbss-I. Ch7 178. 1864.

289

or grandmother of the predecessor, a duty at the rate of five dollars per Duties on suc-
eentum upon such value. cessions.

Where the successor shall be in any other degree of collateral consan-
guinity to the predecessor than is hereinbefore described) or shall be a
stranger in blood to him, a doty at the rate of six dollars per centum upon Pea, p. 481.
such value.

Sec, 134 And be it further enacted, That where the interest of any If interest of
successor in any real estate shall, before he shall have become entitled J^^Xer**
thereto in possession have passed by reason of death to any other sue- successors, only
cesser or successors, then one duty only shall be paid in respect of such one duty to be
interest, and shall be due from the successor who shall first become en-
titled thereto in possession ; but such duty shall be at the highest rate
which, if every such successor had been subject to duly, would have been
payable by any one of them.

Sec* 135. And be U further enacted, That wherever, after the passing When anysue-
of this act, any succession shall, before the successor .shall have become ^°veXrby
entitled thereto in possession, have become vested by alienation, or by alienation*
any title not conferring a new succession, in any other person, then the
duty payable in respect thereof shall be paid at the same rate and time as
the same would have been payable if no such alienation had been made
or derivative title created ; and where the title to any succession shall be
accelerated by the surrender or extinction of any prior interests, then the
duty thereon shall be payable at the time of such surrender or extension Post, p. 481.
[extinction] of prior title.

Sec 186. And be it further enacted, That where real estate shall be- Real estate *
come subject to a trust for any charitable or public purposes, under any ^i^^JJ^
past or future disposition, which, if made in favor of an individual, would purposes*
confer on him a succession, there shall be payable in respect of such real
estate upon its becoming subject to such trusts, a duty at the rate of six
per centum upon the amount or principal value of such real estate.

Sec 137. And be it further enacted, That the duty imposed by this When doty is
act shall be paid at the time when' the successor, or any person in his right *°
or on his behalf, shall become entitled in possession, to his succession, or to
the receipt of the income and profits thereof, except that if there shall be
any prior charge, estate, or interest, not created by the successor himself
Upon or in the succession, by reason whereof the successor shall not be
presently entitled to the full enjoyment or value thereof, the duty, in re-
spect of the increased value accruing upon the determination of such
charge, estate, or interest, shall, if not previously paid, compounded for, or
commuted, be paid at the time of such determination.

Sec 1 38. And be it further enacted, That the interest of any successor Interest m pro*
in moneys to arise from the sale of real estate, under any trust for the sale J^f^^^'be
thereof, shall be deemed to be a succession chargeable with duty under succession; **
this act, and the said duty shall be paid by the trustee, executor, ot other
person having control of the funds.

Sec 139. And be it further enacted, That the interest of any succes- in personal prop-
sor in personal property, subject to any trust for the investment thereof in fjjj t * ,a ^ eck to
the purchase of real estate to which the successor would be absolutely
entitled, shall be chargeable with duty under this act as a succession; and
the tax shall be payable by the trustee, executor, or other person having
control of the funds.

Sbo. 140. And be it further enacted, That in estimating (he value of a tfo allowance
succession no allowance shall be made in respect of any contingent in- for < ^! n ^? atin *
eumbrance thereon; but in the event of such incumbrance taking effect Cttm '
as an actual burden on the interest of the successor, he shall be entitled
to a return of a proportionate amount of the duty so paid 'by him in re-
, spect of the amount or value of the incumbrance when taking effect.

Sbo. 141. And be it further enacted, That in estimating the value of » w for
a succession no allowance shall be made in respect of any contingency Sw*es! "

vol. xni. Pro. — 25

290

THIRTY-EIGHTH CONGRESS* §ess*L Ch. 173. .1864

Duty to be re-
turned, if, &c

Provisos*

Duty tote
charged only on
portion of succes-
sion received.

Where com-
missioner may
compound tbe
duty payable;

yrhen may
commute*

Duty to be a
first charge.

Separate
Masmants may
be made for in-
terests in separate
tracts.

upon the happening of which the real estate may pass to some other per-
son ; but in the event of the same so passing, the successor shall be
entitled to a return of so much of the duty paid by him as will reduce
the same to the amount which would have been payable by him if such
duly had been assessed in respect of the actual duration or extent of his
interest : Provided, That if the estate of the successor shall be defeated)
in whole or in part> by its application to the payment of the debts of the
predecessor, the executor, administrator, or trustee so applying it shall pay
out of the proceeds of the sale thereof the amount so refunded : And
provided, ako, That if the estate of the successor shall be defeated, in
whole or in part, by any person claiming title from and* under the prede-
cessor, such person shall be chargeable with the amount of duty so re-
funded, and such amounts shall be collected in the manner herein provided
for the collection of duties. -

Sec* 142. And be it farther enacted, That where a successor shall not
have obtained the whole of his succession at the time of the duty becom-
ing payable, he shall be chargeable only with duty on the value thereof
from time to time obtained by him; and whenever any duty shall have
been paid on account of any succession, and it shall afterwards be proved,
to the satisfaction of the Secretary of the Treasury, that such duty, not
being due from the person paying the same, was paid by mistake, or was
paid in respect of real estate, which the successor shall have been unable
to recover, or of which he shall have been evicted or deprived by any
superior title, or that for any other reason it ought to be refunded, the'
Secretary of the Treasury shall thereupon refund the same to the peVson
entitled thereto, by draft drawn on any collector of internal revenue.

Sec 148* And be it Jwrther enacted, That where, in the opinion of the
commissioner of internal revenue, any succession shall be of such a nature,
or so disposed or circumstanced, that the value thereof shall not be fairly
ascertainable under any of the preceding directions, or where, from the
complication of circumstances affecting the value of a succession, or affect-
ing the assessment or recovery of the duty thereon, the commissioner
shall think it expedient to exercise this present authority, it shall be law-
ful for him to compound the duty payable on the succession upon such
terms as he shall think fit, and to give discharges to the successor, upon
payment of duty according to such composition ; and it shall be lawful for
him, in any special cases in which he may think it expedient so to do, to
enlarge the time for payment of any duty*

Sec. 144* And be it Jtorther enacted, That it shall be lawful for the
commissioner, in his discretion, upon application made by any person' who
shall be entitled to a succession in expectancy, to commute tbe duty pre-
sumptively payable in respect of such succession for a certain sum to be
presently paid, and for assessing the amount which shall be so payable he
shall cause a present value to be set upon such presumptive duly, regard
being had to the contingencies affecting the liability to such duty, and the
interest of money involved in such calculation being reckoned at the rate
for the time being allowed by the commissioner in respect of duties paid
in advance, and upon the receipt of such certain sum he shall give dis-
charges to the successor accordingly.

Sec. 145. And be it further enacted, That tbe duty imposed by this
apt shall be a first charge on the interest of the successor, and of all per-
sons claiming in his right, in all the real estate in respect whereof such
duty shall be assessed for five years, unless sooner paid.

Sec. 146. And be, it further enacted, That the commissioner shall, at
the request of any successor? or any person claiming in his right, cause
to be made so many separate assessments of the duty payable in respect,
of the interest of the successor in any separate tracts of real estate, or in
defined portions of tbe same tract, as shall be reasonably required ; and
in such cases the respective tracts shall be chargeable only with the
amount of duty separately assessed in respect thereof!

THIRTY-EIGHTH CONGltESS. » Softs. -J. Ch. 178. 1861. 291

Sec. 147. And, be ft farther enacted. That any person Hable to t»y to ??J??"? a r* le
duty in respect to any succession, shall give notice to the assessor or as- noticed© alitor
sistant assessor of his liability to such duty, and shall) at the same time,
deliver to the assessor or assistant assessor a fall and true account of said
succession, for the duty whereon he shall be accountable, and of the value
of the real estate involved, and of the deductions claimed by him, together
with the names of the successor and predecessor, and their relation to each
other, and all such other particulars as shall be necessary or proper for en-
abling the assessor or assistant assessor fully" and correctly to ascertain the
duties due ; and the assessor or assistant assessor, if satisfied with such ac-
count and estimate as originally delivered, or with any* amendments that
may be made therein upon his requisition, may assess the succession duty
oh the footing of such account and estimate ; but it shall be lawful for the
assessor or assistant assessor, if dissatisfied with such account, or if no If araewafffe
account and estimate shall be delivered to him, to assess the duty on the
best information he can obtain, subject to appeal as hereinafter provided ;
and if the duty so assessed shall exceed the duty assessable according to
the return made to the assessor or assistant assessor, and with which
he shall have been dissatisfied, or if no account and- estimate has been
delivered, and if no appeal shall be taken against such assessment, then When expenses
it shall be in the discretion of the assessor, having regard to the merits ^ 1)6 added,
of each case, to assess the whole or any part of the expenses incident
to the taking of such assessment^ in addition to such duty ; and if there
shall be an appeal against such last-mentioned assessment, then the pay-
ment of such expenses shall be in the discretion of the commissioner of
internal revenue.

Sbo. 148. And be it farther enacted. That if any person required to p ] ?"*jy£ r
give any such notice, or deliver such account, as aforesaid, shall wilfully J^Sgjj^"
neglect to do so for the period of ten days after being notified, he shall be
liable to pay to the United States a sum equal to ten per centum upon
the amount of duty payable by him ; and if any person liable under this
act to pay any duty in respect of his succession shall, after such duty
shall have been finally ascertained, wilfully neglect to do so within ten
days after being notified, he shall also be liable to pay to the United
States a sum equal to ten per centum upon the amount of duty so
unpaid, at the same time and in the same manner as the duty to be
collected.

Sbo. 149. And be it further enacted, That it shall be lawful for any* Appeals,
party, liable to pay duty in respect of his succession, who-shau be dissat-
isfied with the assessment of the assistant assessor, within thirty days
after the date of such ass[ess]ment, to appeal to the assessor from such Post, p. 481.
assessment, who shall decide on such appeal, and give notice thereof to *
such party, who, if still dissatisfied, may, within twenty days after notice
as aforesaid, appeal from such decision to the commissioner of internal
revenue, and furnish a statement of the grounds ef such appeal to the iteebion of
commissioner, whose decision upon the case, as presented by the state- befa^ i<mer
ments of the assessor or assistant assessor and such party, shall be final.

Sbo. 150. And be it further enacted. That the duties levied and assessed Du&ft U P?*
upon successions by this act shall be collected by the same officers, in the Sii^d by w hai
same manner, and by the same processes as are or may be prescribed officers,
by law for the collection of direct taxes assessed upon lands under the
authority of the United States.

stamp ntnm Stamp duties*

Sbo. 151* And be & further enacted, That all laws m force at the time
of the passage of this act in relation to stamp duties shall continue in Post, p. 481.
force until the first day of August, eighteen hundred and sixty4bur, and

292

THIRTY-EIGHTH CONGRESS. Sites* 1 Ch. 178.. 1864

on and after the first day of August^ eighteen hundred and sixty-four,
there shall be levied, collected, and paid, for and in respect of the several
instruments, matters, and things mentioned and described in the schedule
(marked B) hereunto annexed, or for or in respect of the velQJam,
parchment, or paper upon which such instruments, matters, or things, or
any of them shall be written or printed, by any person or persons, or
Stamg duties party who shall make, sign, or issue the same, or for whose use or benefit
Mrtvffimintf tne 81111)6 oe H^e, signed, or issued, the several duties or sums of
m^ment, n ^c. money set down in figures against the same, respectively, or otherwise

specified or set forth in the said schedule.
Instruments not Sec. 152* And be it further enacted) That it shall not be lawful to
^th"* 00 * 1 ** record any instrument, document, or paper required by law to be stamped,
a stamp* a 8mm p or stamps of the proper amount shall have been affixed;

and the record of any such instrument, upon which the proper stamp or
stamps aforesaid shall not have been affixed, shall be utterly void, and
shall not be used in evidence.
*brop Sec. 158. And be it further enacted, That no instrument, document,
mj writing, or paper of any description, required by law to be stamped,

shall be deemed or held invalid and of no effect for the want of the
particular kind or description of stamp designated for and denoting the
duty charged on any such instrument, document, writing, or paper, pro*
* vided a legal stamp, or stamps, denoting a duty of equal amount, shall
Proviso. have been duly affixed and used thereon : Provided, That the provisions
of this section shall not apply to any stamp appropriated to denote the
duty charged on proprietary articles, or articles enumerated in sched-
ule a v
Official United Sec 1SL And be it further enacted, That all official instruments, docu-

e^mptT&c? 6at8 ment8 ' and papers, issued or used by the officers of the United States

government, shall be, and hereby are, exempt from duty*
Penally ibv Sec 155. And be it farther enacted. That if any person shall forge or
stam^&c? counterfeit, or cause or procure to be forged or counterfeited, any stamp

or die, or any part of any stamp or die, which shall have been provided,
or the impres* made,* or used in pursuance of this act, or shall forge, counterfeit, or
^on. ©f stamps, resemble, or cause or procure to be forged, counterfeited, or resembled,
*' the impression, or any part of the impression, of any such stamp or die,

as aforesaid, upon any vellum, parchment, or paper, or shall stamp or
ibr stamnuig mark, or cause or procure to be stamped or marked, any vellum, parch-
Btamps^ ment, or paper, with any such forged or counterfeited stamp or die, or
' part of any stamp or die, as aforesaid, with intent to defraud the United

'States of any of the duties hereby imposed, or any part thereof; or if
for selling any person shall utter or sell, or expose to sale, any vellum, parchment,
S5Sstem Wi<l1 or P a P er > art icle, or toing, having thereupon the impression of any such
&c?Aweoa^ counterfeited stamp or die, or any part of any stamp or die, or any such

forged, counterfeited, or resembled impression, or part of impression, as
aforesaid, knowing the same respectively to be forged, counterfeited, or
for using forged resembled ; or if any person shall knowingly use any stamp or die which'
stamps; shall have been so provided, made, or used as aforesaid, with intent to

-for fraudulent- defraud the United States ; or if any person shall fraudulently cut, tear,
miiw^^n 10 ** 115 or remove, or cause or procure to be cut, torn, or removed, the impres-
Oi^fe°; ° sion of any stamp or die which shall have been provided, made, or used

in pursuance of this act, from any vellum, parchment, or paper, or any
instrument or writing charged or chargeable with any of the duties hereby
imposed ; or if any person shall wilfully remove, or cause to be removed,
from any stamped envelope the cancelling or defacing marks thereon,
with intent to use the same, or cause the use of the same, the second time,
for selling or shall knowingly or wilfully sell or buy such washed or restored stamps,

2wed*stt«nnL or °^ er * ne SBme & r sa * e » or B^ 6 or ^P 086 same to any person for
&c. 'use, or knowingly use the same, or prepare the same with intent for the

second use thereof then, and in every such case, every person so offend*

THIRTY-EIGHTH CONGRESS. Ses&L Ch. 173. 1864

293

ing, and every person knowingly and wilfully aiding, abetting, or assisting
in committing any such offence as aforesaid, shall be deetaed guilty of
felony, and shall, on conviction thereof, forfeit the said counterfeit stamps
and the articles upon which they are placed, and be punished by fine
not exceeding one thousand dollars, or by imprisonment and confinement
to hard labor, not exceeding five years, or both, at the discretion of
the court

Sec. 156* And he it further enacted. That in any and all cases where Cancellation of
an adhesive stamp shall be used for denoting any duty imposed by this stomps,
act, except as hereinafter provided, the person using or affixing the same
shall write thereupon the initials of his name and the date upon which
the same shall be attached or used, so that the same may not again be
used. And if any person shall fraudulently make use of an adhesive Penalty,
stamp to denote any duty imposed by this act without so effectually can-
celling and obliterating such stamp, except as before mentioned, he, she,
or they shall forfeit the sum of fifty dollars : Provided, That any proprie- Proprietary
tor or proprietors of proprietary articles, or articles subject to stamp duty article8 *
under schedule C of this act, shall have the privilege of furnishing, with*
out expense to the United States, in suitable form, to be approved by the
commissioner of internal revenue, his or their own dies or designs for Dies, fee*, foi
stamps to be used thereon, to be made under the direction, and to be re- 8tam P a *
tained in the possession of, the commissioner of internal revenue for his or
their separate use, which shall not be duplicated to any other person*
That in all cases where such stamp is used, instead of his or their writ* Stamps to be
ing the date thereon, the said stamp shall be so affixed on the box, bottle, •» J2?!*2*
or package, that in opening the same, or using the contents thereof, the ^
said stamp shall be effectually destroyed ; and in default thereof, shall be
liable to die same penalty imposed for neglect to affix said stamp as here-
inbefore prescribed in litis act Any person who shall fraudulently ob- Fraudulently
tain or use any of the aforesaid stamps, or designs therefor, and any per- or forging,
son forging, or counterfeiting, or 'causing or procuring the forging or
counterfeiting any representation, likeness, similitude, or colorable imita-
tion of the said last-mentioned stamp, or any engraver or printer who
shall sell or give away said stamps, or selling the same, or, being a
merchant, broker, peddler, or person dealing, in whole or in part, in simi-
lar goods, wares, merchandise, manufactures, preparations, or articles, or
those designed for similar objects or purposes, shall have knowingly or
fraudulently in his, her, or their possession, any such forged, counterfeited
likeness, similitude, or colorable imitation of the said last-mentioned stamp,
shall be deemed guilty of a felony, and, upon conviction thereof, shall be
subject to all the penalties, fines, and forfeitures prescribed in the preced-
ing section of this act

Secu 157* And he it further enacted, That the commissioner of hater- Mode of cancel-
nal revenue be, and he is hereby, authorized to prescribe such method for lotion*
the cancellation of stamps, as substitute for, or in addition to* the method
now prescribed by law, as he may deem expedient and effectual* And
he is further authorized in his discretion to make the application of such
method imperative upon tne manufacturers of proprietary articles, or
articles included in schedule C, and upon stamps of a nominal value
exceeding twenty-five cents each*

Sbc. 158. And be U further exacted, That any person or persons who Penally for
shall make, sign, or issue, or who shall cause to be made, signed, or 2^2j£5^ '
issued, any instrument, document, or paper of any kind or description jnsuraent8,^&&
whatsoever, or shall accept or pay, or cause to be accepted or paid, any
bill of exchange, draft, or order or promissory note, for the payment of [Amended, Post,
money, without the same being duly stamped, or having thereupon an ad- P* 481
hesive stamp for denoting the duty chargeable thereon, with intent to
evade the provisions of this' act, shall, for every such offence, forfeit the
sum of two hundred dollars, and such instrument, document or paper,

25*

294

THIBTY-EIGHTH CONGBESS* Sbss.L Ch* 173. 1864

bill, draft, order, or note shall' be deemed invalid and of no effect: Pro-
vided) That the title of a purchaser of land by- a deed duly stamped, shall
not be defeated or effected [affected] by the want of a proper stamp on
any deed conveying said land by any person from, through, or tinder
whom his grantor claims or holds title.
Foreign bills of Sec. 159. And he it further enacted, That the acceptor or acceptors of
su^mfb^ne m ^ ^ °^ exchange or order for the payment of any sam of money
pa/msat. drawn, or purporting to be drawn, in any foreign country, but payable in

the United States, shall, before paying or accepting the same, place there-
upon a stamp, indicating the duty upon the same, as the law requires for
inland bills of exchange, or promissory notes, and no bill of exchange
shall be paid or negotiated without such stamp ; and if any person shall
pay or negotiate, or offer in payment, or receive or take in payment, any
such draft or order, th£ person or persons so offending shall forfeit the
sum of two hundred dollars.
Stamp duty Sbc. 160* And be it further enacted, That no stamp duty shall be
not required on, required on powers of attorney or any other paper relating to applications

for bounties, arrearages of pay, or pensions, or to the receipt thereof from
time to time, or upon tickets or contracts of insurance when limited to in-
Pott, p. 482* jury to persons while travelling ; nor on certificates or [of] the measure-
ment or weight of animals, wood, coal, or other articles ; nor on deposit
notes to mutual insurance companies for insurance upon which policies
subject to stamp duties have been, or are to be, issued ; nor on any certifi-
cate of the record of a deed or other instrument in writing, or of the
acknowledgment or proof thereof by attesting witnesses ; nor to any
indorsement of a negotiable instrument, or on any warrant of attorney,
accompanying a bond or note, when such bond or note shall have affixed
thereto the stamp or stamps denoting the duty required ; and whenever
any bond or note shall be secured by a mortgage, but one stamp shall be
Mortgages. required to be placed on such papers : Provided, That the stamp duty
placed thereon shall be the highest rate required for said instruments, or
either of them*

Stamp, Sbc. 161* And be it further enacted. That the, commissioner of internal

l^raaybesota revenue ta> and is hereby, authorized to sell to and supply collectors, dep-
to collators, &c uty collectors, postmasters, stationers, or any other persons, at his discre-
tion, with adhesive stamps, or stamped paper, vellum, or parchment, as
herein provided for, in amounts of not less than fifty dollars, upon the
payment, at the time of delivery, of the amount of duties said stamps,
stamped paper, vellum, or parchment, so sold or supplied, represent, and
may allow, upon the aggregate amount of such stamps, as aforesaid, the
Commission* sum of not exceeding five per centum as commission to the collectors,
postmasters, stationers, or oilier purchasers ; but the cost of any paper,
vellum, or parchment shall be paid by the purchaser of such stamped
Commission on paper, vellum, or parchment, as aforesaid ; Provided, That any proprietor
^eu^ar^dtoL or P ro P 1 ^ etor8 °f articles named in schedule C, who shall furnish his or
wb^&cT 1 their own die or design for stamps, to be used especially for his or their

own proprietary articles, shall be allowed the following commission, name-
ly : On amounts purchased at one time, of not less than fifty nor more
than five hundred dollars, five per centum ; on amounts over five hundred
dollars, ten per centum* The commissioner of internal revenue may,
from time to time, make regulations, upon proper evidence of the facts, for
the allowance of such of the stamps issued under tu«* provisions of this
AHowonoe for act as may have been spoiled, destroyed, or rendered useless or unfit for *
spoiled, &c, t ^ e p^po^ intended, or for which the owner may have no use, or which

through mistake may have been improperly or unnecessarily used, or wheue
the. rates or duties represented thereby have been paid in error, or remit*
ted ; and such allowance shall be made either by giving other stamps in
lieu of the stamps so allowed for, or by repaying the amount or value,
after deducting therefrom, in case of repayment, the sum of five per centum

THIRTY-EIGHTH CONGRESS. Sbss.-I. Ch. 173. 1864*

295

to the owner thereof; but no allowance shall be made in any case until
the stamps so spoiled or rendered useless shall have been returned to
the commissioner of internal revenue, or until satisfactory proof has been
made showing the reason why said stamps cannot be so returned : Pro*
vided, That the commissioner of internal revenue may, from time to time, Gerferfn stamps
famish, supply, and deliver to any manufecturer of friction or other ^^^^y^.
matches, cigar-lights, or wax tapers, a suitable quantity of adhesive or insecurity,
other stamps, such as may be prescribed for use in such cases, without
prepayment therefor, on a credit not exceeding sixty days, requiring, in
advance, such security as he may judge necessary to secure payment there-
for to the treasurer of the United States, within the time prescribed for
such payment And upon all bonds or other securities taken by said com*
missioner, under the provisions of this act, suits may be maintained by
said treasurer in the circuit or district court of the United States, in the
several districts where any of the persons giving said bonds or other seen*
rities reside, or may be found, in any appropriate form of action.

Sec. 162. And be it further enacted. That it shall be lawful for any JJ*3£5*k
person to present to the collector of the district, subject to the rules and presented to com-
regulations of the commissioner of internal revenue, any instrument not missioner to de-
previously issued or used, and require his opinion whether or not the same termme
is chargeable with any stamp duty ; and if the said collector shall be of
opinion that such instrument is chargeable with any stamp duty, he shall,
upon the payment therefor, affix and cancel the proper stamp j and if of
the opinion that such instrument is not chargeable with any stamp duty,
or is charge able only with the duty by him designated, he is hereby re-
quired to impress thereon a particular stamp, to be provided for that pur-
pose, with such wOrds or device thereon as he shall judge proper, which
shall denote that such instrument is not chargeable with any stamp duty,
or is chargeable only with the duty denoted by the stamp affixed ; and
every such instrument, upon which the said stamp shall be impressed, shall
be deemed to be not chargeable, or to be chargeable only with the duty
denoted by the stamp so affixed, and shall be received in evidence in all
courts of law or equity, notwithstanding any objections made to the same
by reason of it being unstamped, or of it being insufficiently stamped.

Sec. 163. And be it further enacted, That no deed, instrument, docu- instruments
ment, writing, or paper, required by law to be stamped, which has been tote
heretofore signed or issued without being duly stamped, or with a deficient Q ^d^^^°
stamp, nor any, copy thereof, shall be recorded, or admitted, or used as awcw ^
evidence in any court until a legal stamp or stamps, denoting the amount
of duty, shall have been affixed thereto, and the date when the same is so
used or affixed, with his initials, shall have been placed thereon by the
person using or affixing the same ; and the person desiring to use or re- stamps maybe
cord any such deed, instrument, document, writing, or paper-as evidence, S^Jl^L^
his agent or attorney, is authorized in the presence of the court, register, feeds, ^ cemm
or recorder, respectively, to affix the stamp or stamps thereon required :
Provided, That no instrument, document, or paper made, signed, or issued, Provisos,
prior to the passage of this act, without being duly stamped, or having
thereon an adhesive stamp or stamps, to denote the duty imposed thereon,
shall, for that cause, if the stamp or stamps required shall be subsequently
affixed, be deemed invalid and of no effect: Provided, further, That any
power of attorney, conveyance, or document of any kind, made, or pur*
porting to be made, in any foreign country to be used in the United States,
shall pay the same duty as is required by law on similar instruments or
documents when made or issued in the United States $ and the party to
whom the same is issued, or by whom it is to be used, shall, before using
the same, affix thereon the stamp or stamps indicating the duty required.

Sbc. 164. And be it further enacted, That ail the provisions of this Provisions m
act relating to dies, stamps, adhesive stamps, and stamp duties shall extend ^^ B>to metn **
to and indude (except where manifestly impracticable) all the articles or

296

THIRTY-EIGHTH CONGRESS. SesS.L Oh. 173. 1864

objects enumerated in schedule marked C, subject -to stamp duties, and
apply to the provisions in relation thereto.
Penally for Sec. 165* And be it further enacted. That if any person, firm, company,
gj^^^^g^ or corporation shall make, prepare, and sell, or remove for consumption
cW without affix- or sale, drugs, medicines, preparations, compositions, articles, or things,
ing stamps. including perfumery, cosmetics, lucifer or friction matches, cigar-lights,

or wax tapers, photographs, ambrotypes, daguerreotypes, or other sun-
pictures of any description, and playing-cards, upon which a duty is im-
posed by law, as enumerated and mentioned in schedule C, without affix-
ing thereto an adhesive stamp or label denoting the duty before men-
tioned, he or they shall incur a penalty of ten dollars for every omission
to affix such stamp : Provided, That nothing in this act contained shall
Post, p. 482. Apply to any uncompounded medicinal drag or chemical, nor to any med-
icine compounded according to the Unite States or other national phar-
macopoeia, nor of which the full and proj er formula is published in either
of the dispensatories, formularies, or text-books in common use among
physicians and apothecaries, including homoeopathic and eclectic, or in any
pharmaceutical journal now used by any incorporated college of pharmacy,
and not sold or offered for sale, or advertised under any other name, form,
or guise, than that under which they may be severally denominated and
laid down in said pharmacopoeias, dispensatories, test-books, or journals,
as aforesaid, nor to medicines sold to, or for the use of, any person* which
may be mixed and compounded specially for said persons, according to
the written recipe or prescription of any physician or surgeon*
Penalty for re* Sec. 166. And be it further enacted, That every manufacturer or ma-
^^g^^g* ker of any of the articles for sale mentioned in schedule C, after the same
evade doty; shall have been so made, and the particulars hereinbefore required as to

stamps have been complied with, who shali take off, remove, or detach, or
cause, or permit, or suffer to be taken on> or removed, or detached, any
stamp, or who shall use any stamp, or any wrapper or cover to which any
8 tamp is affixed, to cover any other article or commodity than that origi-
nally contained in such wrapper or cover, with such stamp when first
used, with the intent to evade the stamp duties, shall for every such arti-
cle, respectively, in respect of which any such offence shall be committed,
be subject to a penalty of fifty dollars, to be recovered together with the
costs thereupon accruing ; and every such article or commodity as afore-
said shall also be forfeited.
ft&se2lfa&&c^ Sec. 167. And be it further enacted, That on and after the passage of
°^t^t^tMQM. ***** act everv ma ker or manufacturer of any of the articles or or com-
m n P 8 * modities mentioned in schedule C, as aforesaid, who shall sell, send oat,
Post, p. 482. remove, or deliver any article or commodity, manufactured as aforesaid,
before the duty thereon shall have been fully paid, by affixing thereon the
proper stamp, as provided by law, or who shall hide or oonceal, or cause
to be hidden or concealed, or who shall remove or convey away, or de-
posit, or cause to be removed or conveyed away from or deposited in any
place, any such article or commodity, to evade the duty chargeable there-
on, or any part thereof, shall be subject to a penalty of one hundred dol-
lars, together with the forfeiture of any such article or commodity.
Medicines, Seo. 168. And be it further enacted, That all medicines, preparations,
^^JSttmtS expositions, perfumery, cosmetics, lucifer or, .friction matches, and cigar-'
be manufactured lights, or wax tapers, cordials, and other liquors manufactured wholly oi
in warehouses, in part of domestic spirits, intended for exportation, as provided'fbr by law,

in order to be manufactured and sold or removed, without being charged
Post, p. 483. with duty, and without having a stamp affixed thereto, shall, under such
rules and regulations as the Secretary of the Treasury may prescribe, be
made and manufactured in warehouses similarly constructed to those
known and designated in treasury regulations as bonded warehouses, class
Manufacturers two : Provided, That such manufacturer shall first give satisfactory bonds
to give bonds, to the collector of internal revenue for the faithful observance of all the

THIRTY-EIGHTH CONGRESS. Sess- L Cbc 173. 1864

297

provisions of Jaw and the roles and regulations as aforesaid, in amount
not less than half of that required by the regulations of the Secretary of
the Treasury from persons allowed bonded warehouses* Such goods, when Maanftctafed
manufactured in each warehouses, may be removed for exportation, under g^^T/e™^
the direction of the proper officer having charge thereof, who shall be des- tation.
ignated by the Secretary of the Treasury, without being charged with duty,
and without having a stamp affixed thereto* Any manufacturer of the
articles aforesaid, or of any of them, having such bonded warehouse, as Warehouses
aforesaid, shall be at liberty, under such rules and regulations as the Sec- m ££. be used for
retary of the Treasury may prescribe, to convey therein any materials to w
be used in such manufacture which are allowed by the provisions of law
to be exported free from tax or duty, as well as the necessary materials,
implements, packages, vessels, brands, and labels for the preparation, put-
ting up, and export of the said manufactured articles ; and every article so
used shall be exempt from the payment of stamp and excise duty by such
manufacturer. Articles and materials so to be used may be transferred
from any bonded warehouse in which the same may be, under such regu- Materials used
lations as the Secretary of the Treasury may prescribe, into any bonded j£ th e manufeo-
warehouse in which such manufacture may be conducted, and may be re *
used in such manufacture, and, when so used, shall be exempt from stamp
and excise duty ; and the receipt of the officer in charge, as aforesaid,
shall be received as a voucher for the manufacture of such articles* Any
materials imported into the United States may, under such rules as the
Secretary of the Treasury may prescribe, and under the direction of the
proper officer, be removed in Original packages from on shipboard, or
from the bonded warehouse in which the same may be, into the bonded
warehouse in which such manufacture may be carried on, for the purpose
of being used in such manufacture, without payment of duties thereon,
and may there be used in such manufacture* No article so removed, nor
any article manufactured in said bonded warehouse, shall *be taken there-
from, except for exportation, under the direction of the proper officer
having charge thereof, as aforesaid, whose- certificate, describing the arti-
cles by their marks, or otherwise, the quantity, the date of importation,
the name of vessel, with such additional particulars as may from time
to time be required, ehall be received by the collector of customs in can-
cellation of the bonds, or return of the amount of foreign import duties.
All labor performed and services rendered under these regulations shall Labor*
be under the supervision of an officer of the customs, and at the expense
of the manufacturer.

Sec. 169. And be it farther enacted. That any person who shall offer Who to be
for sale any of the articles named in schedule C, whether the articles so deemedmanufao-
offered are imported, or are of foreign or domestic manufacture, shall be i^SeS certam
deemed the manufacturer thereof, and subject to all the duties, liabilities,
and penalties imposed by law in regard to the sale of domestic articles Post, p. 482*
without the use of the proper stamp or stamps denoting the duty paid
thereon : Provided^ That when any such imported articles shall be sold in Ptovfso.
the original and unbroken package in which the bottles or other enclosures Poti, p. 483*
were packed by the manufacturer, the person so selling said articles shall
not be subject to any penalty on account of the want of the proper stamp*

Sec* 170. And be it further enacted, That in any collection district where, In certain dis-
in the judgment of the commissioner of internal revenue, the facilities for ^**> 8tat gPV
the procurement and distribution of stamped vellum, parchment, or paper, jfreied^o col-
and adhesive stamps, are or shall be insufficient, the commissioner, as lector without
aforesaid, is authorized to furnish, supply, and deliver to the collector and P re P a y meat
to the assessor of any such district, and to any assistant treasurer of the
United States, or designated depositary thereof or any postmaster, a suit-
able quantity, or amount of stamped vellum, parchment or paper, and ad-
hesive stamps, without prepayment therefor, and shall allow the highest
rate of commissions allowed by law to any other parties purchasing the

THIRTY-EIGHTH CONGRESS. Sess. L Or. 173. 1884

Bond to bo

jgtvett*

Deputy col-

same, mad mar in advance require of any such collector, assessor, assistant
treasurer of the United States, f postmaster, a bond, with sufficient sure-
ties, to an amount equal to the value of any stamped vellum, parchment,
or paper, and adhesive stamps which may be placed in his hands and
remain unaccounted for, conditioned for the faithful return, whenever so
required, of all quantities or amounts undisposed ofJ and for the payment,
monthly, of all quantities or amounts, sold or not, remaining on hand*
And it shall be the duty of such collector to supply his deputies with, or

plied with
stamps*

JS5fJ*Sfc* *«P- sell to other parties within his district who may make application there-
for, stamped vellum, parchment, or paper, and adhesive stamps, upon the
same terms allowed by law, or under the regulations of the commissioner
of internal. revenue, who is hereby authorized to make such other regula-
tions, not inconsistent herewith, for the security of the United States and
the better accommodation of the public, in relation to the matters herein-
before mentioned, as he may judge necessary and expedient. And the
Secretary of the Treasury may, from time to time, make such regulations
as he may find necessary to insure the safe-keeping of prevent the* illegal
use of all such stamped vellum, parchment, paper, and adhesive stamps*

Stagflations.

Schedule B.
Stamp duties.

SCO!

>ULE B»

BTAltP BUTIXS. * J>ntv f

SOU*, cte.

Agbbbmbn? or contract, other than those specified in tins schedule; '
any appraisement of value or damage, or for any other purpose ; for
every sheet or piece of paper upon which either of the same shall be

written, five cents $

Provided, That if more than one appraisement, agreement, or contract
shall be written upon one sheet or piece of paper, five cents for each
and every additional appraisement, agreement, or contract

Bakk ohbck, draft, or order for the payment of any sum of money what-
soever, drawn upon any bank, banker, or trust company, or for any
sum exceeding ten dollars drawn upon any other person or persons*
companies, or corporations, at sight or on demand, two cents 2

Bill op bxchahojb, (inland,) draft/ or order for the payment of any sum of
money, not exceeding one hundred ^cUars, otherwise than at sight or
on demand, or any promissory iiote, (except bank-notes issued for cir-
culation, and checks made and intended to be forthwith presented, and
which shau> be presented to a bank or banker for payment,) or any
memorandum, check, receipt, or other written or printed evidence of an
amount of money to be paid on demand, or at a time designated, for a
Bum not exceeding one hundred dollars, five cents $

And for every additional hundred dollars, or fract ' part thereof in excess

of one hundred dollars, five cents 6

Bill ov bxohakge, (foreign,) or letter of credit! drawn in but payable out
of the United States, if drawn singly, or otherwise than in a set of three
or more, according to the custom of merchants and bankers, shall pay
the^ame rates of duty as inland bills of exchange or promissory notes.

If drawn in sets of three or more : For every bill of each set, where the
sum made payable shall not exceed one hundred dollars, or the equiva-
lent thereof, in any foreign currency in which such bills may be ex-
• pressed, according to the standard of value fixed by the United Stated,
two cents 2

And for every additional hundred dollars or fractional part thereof in ex-
cess of one hundred dollars, two cents 2

Bill or ladiko or receipt, (other than charter-party,) for any goods, mer-
chandise, or effects? to be exported from a port or place m the United
States to any foreign port or place, ten cents 10

Bill of sJxb by which any ship or vessel, or any part thereof; shall be
conveyed to or vested in any other person or persons, when the con-
sideration shall not exceed five hundred dollars, fifty cents. . * 60

Exceeding five hundred dollars and not exceeding one thousand dollars,

one dollar , 1 00

Exceeding one thousand dollars for every additional amount of five hun-
dred dollars, or fractional part thereof cents. 50

Bond for indemnifying any person for the payment of any sum of money,
where the. money ultimately recoverable thereupon, is one 'thousand
dollars or less, fifty eents : 50

Where the money ultimately* recoverable thereupon exceeds one thousand

THIBTY-EIGHTH CONGRESS. S&s&L Ob. 173. 1864 299

DiSafcts. Stamp duties*

dollars, for every additional one thousand dollars or fractional part

thereof in excess of one thousand dollars, fifty cents 60

Bond for the due execution or performance of the duties of any office,

one dollar 1 00

Bond of any description, other than such as may be required la legal
proceedings, or used in connection with mortgage deeds, and not other-
wise charged in this schedule, twenty-five cents... 25

Cebtifioatb of stock in any incorporated company, twenty-five cents. . * 25
Certificate of profits, or any certificate or memorandum showing an in-
terest in the property or accumulations of any incorporated company,
if for a sum not less than ten .dollars and not exceeding fifty dollars,

ten cents ... ♦ 10

Exceeding fifty dollars and not exceeding one thousand dollars, twenty-
five cents 25

Exceeding one thousand dollars, for every additional one thousand dollars,

or fractional part thereof, twenty-five cents 25

Cbbtibicats. — Any certificate of damage, or otherwise, and all other
certificater or documents issued by any port warden, marine surveyor,

or other person acting as such, twenty-five cents 25

Certificate of deposit of any sum of money in any hank or trust com-
pany, or with any banker or person acting as such —

If for a sum not exceeding one hundred dollars, two cents 2

For a sum exceeding one hundred dollars, five cents.. ......... 5

Certificate of any other description than those specified, five cents 5

Ckabtbb-pabty. — Contract or agreement for the charter of any ship or
vessel, or steamer, or any letter, memorandum, or other writing be-
tween tiie captain, master, or owner, or person acting as agent of any
ship or vessel, or steamer, and any other person or persons for, or relat-

ing, to the charter of such ship or vessel, or steamer, or any, renewal or
transfer thereof if the registered tonnage of such ship or vessel, or
steamer, does not exceed one hundred and fifty tons, one dollar.... 1 00
Exceeding one hundred and fifty tons, and not exceeding three hundred

tons, three dollars *.» 8 00

Exceeding three hundred tons, and not exceeding six hundred tons, five

dollars 5 00

Exceeding six hundred tons, ten dollars. * 10 00

Contract. — Broker's note, or memorandum of sale of any goods or mer-
chandise, stocks, bonds, exchange, notes of hand, real estate, or prop-
erty of any kind or description issued by brokers or persons acting as
'such, for each note or memorandum of sale, ten cents 10

Conveyance. — Deed, instrument, or writing, whereby any lands, tene-
ments, or other realty sold shall be granted, assigned, transferred, or
otherwise conveyed to, or vested in, the purchaser or purchasers, or
any other person or persons by his, her, or their direction, when the
consideration or value does not exceed five hundred dollars, fifty cents 50

When the consideration exceeds five hundred dollars, and does not exceed

one thousand dollars, one dollar 1 00

And for every additional five hundred 'dollars, or fractional part thereof, in

excess of one thousand dollars, fifty cents 50

Entbt of any goods, wares, or merchandise at any custom-house, either for
consumption or warehousing, not exceeding one hundred dollars in
value, twenty-five cents 25

Exceeding one hundred dollars, and not exceeding five hundred dollars In

value, fifty cents • 50

Exceeding five hundred dollars in value, one dollar 100

Entbt for the withdrawal of any goods or merchandise from bonded ware-
house, fifty cents 50

Gangers 1 returns, if for a quantity not exceeding five hundred gallons gross,

ten cents • V 10

Exceeding five hundred gallons gross, twenty-five cents. 26

Insurance, (life.) — Policy of insurance, or other instrument, by what-
ever name the same shall be called, whereby any insurance shall be
made upon any life or lives —

When the amount insured shall not exceed one thousand dollars, twenty-
five cents. * 25

Exceeding one thousand dollars and not exceeding five thousand dollars,

fifty cents 50

Exceeding five thousand dollars, one dollar* 1 00

Insubancb, (habinb, inland, and fibb.) — Each policy of insurance or
other instrument, by whatever name the same shall be called, by
which insurance shall be made or renewed upon property of any de-
scription, whether against perils by the sea or by fire, or other peril .

800 TfilBTY-EIGHTH CONGRESS. Ssss. L Ch. 178. f 864

Stamp duties* ItoSiJ/cte

of any kind, made by any insurance company,, or its agents, or by any
other company or person, the premium upon which does not exceed
ten dollars, ten cents < 10

Exceeding ten and not* exceeding fifty dollars, twenty-five cents 26

Exceeding fifty dollars, fifty cents * 60

Lease, agreement, memorandum, or contract for the hire, use, or rent of
Poety p. 482* any land,, tenement, or portion thereof, where the rent or rental value

is three hundred dollars per annum or less, fifty cents 50

Where the rent or rental value exceeds the sum of three hundred dollars
per annum, for each additional two hundred dollars, or fractional part
thereof in excess of three hundred dollars, fifty cents 60

Manifest for custom-house entry or -clearance of the cargo of any ship,
vessel, or steamer for a foreign port —

If the registered tonnage of such ship, vessel, or steamer does not exceed

three hundred tons, one dollar 1 00

Exceeding three hundred tons, and not exceeding six hundred tons, three

dollars..,.. ; 8 00

Exceeding six hundred tons, five dollars 600

Measurers* returns, if for a quantity not exceeding one thousand bushels,

ten cents ~ 10

Exceeding one thousand bushels, twenty-five cents 25

Mortgage of lands, estate,' or property, real .or personal, heritable or mov-
able, whatsoever, where the same shall be made as security for the pay*
xnent of any definite and certain sum of money lent at the lime or pre-
viouBly due and owing or forborne to be paid, being payable ; also any
conveyance of any lands, estate, or property whatsoever, in trust, to be
sold or otherwise converted into money, which shall be intended only
as security, and shall be redeemable before the sale or other disposal
thereof, either by express stipulation or otherwise ; or any personal
bond given as security for the payment of any definite or certain sum
of money exceeding one hundred dollars, and not exceeding five hun-
dred dollars, fifty cents 60

Exceeding five hundred dollars, and not exceeding one thousand dollars, one

dollar 1 00

And for every additional five hundred dollars, or fractional part thereof, in

excess of one thousand dollars, fifty cents ». 60

Provided, That upon each and every assignment or transfer of a mortgage,
P<*L p. 482* lease, or policy of insurance, or the renewal or continuance of any agree-
ment, contract, or charter, by letter or otherwise, a stamp duty shall be
required and paid equal to that imposed on the original instrument

Passage ticket, by any vessel from a port in the United States to* a foreign

port, not exceeding thirty-five dollars, fifty cents 60

Exceeding thirty-five dollars and not exceeding fifty dollars, one dollar 1 00

And for every additional fifty dollars, or fractional part thereof, in excess of

fifty dollars, one dollar. * *. 1 00

Power ov attorney for the sale or, transfer of any stock, bonds, or scrip,

or for the collection of any dividends or interest thereon, twenty-five cents 26

Power of attorney ob proxy for voting at any election for officers of
any incorporated company or society, except religious, charitable, or lit*
erary societies* or public cemeteries, ten cents . « * 10

Power of attorney to receive or collect rent, twenty -five cents. , ♦ * 26

Power .of attorney to seU and convey real estate, or to rent or lease the

same, one dollar * * 1 00

Power of attorney for any other purpose, fifty cents * 60

Probate of will, or letters of administration : Where the estate and e£
foots for or in respect of which such probate or letters of administration
applied, for shall he sworn ob declared not to exceed the value of two
thousand dollars, one dollar 1 00

Exceeding two thousand dollars, for every additional thousand dollars, or

fractionalpart thereof, in excess of two thousand dollars, fifty cents. . «\ 60

Protbst. — Upon -the protest of every note, bill of exchange, acceptance,
check 'or draft, or any marine protest, whether protested by a notary
public or by any other officer who may be authorized by tfee law of any*
state bt states to make, such protest twenty-five cents * 26

Receipts for the payment of any sum of money, or for the payment of any*
Pert, p. 48a. debt du$ exceeding twenty dollars, not being fox the sAttsfection of any

mortgage or judgment? or decree of any eourt».and a receipt for the de-
* livery or any property, two cents * . «... 2

Warehouse receipt for property, goods, wares, or merchandise, not otherwise
provided' for, in any public or private warehouse, when the property or
goods so deposited or stored shall not exceed in value five hundred dot*
lars; ten cents 10

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 178. 1864

801

Duty.
Dolls, cis.

Exceeding in value five hundred dollars and not exceeding one thousand

dollars, twenty cents 20

Exceeding in value one thousand dollars, for every additional one thousand

dollars, ten cents , 10

Warehouse receipt for any goods, merchandise, or property of any kind, not
otherwise provided for, held on storage in any public or private ware-
house cac yard, twenty-five cents 25

Weighers 1 returns, if for a weight not exceeding five thousand pounds, ten

cents 10

Exceeding five thousand pounds, twenty-five cents 26

lata ai» Documents :

Writ, or other original process by which any suit is commenced in any

court of record, either of law or equity, fifty cents 50

Where the amount claimed in a writ, issued by a court not of record, is one

hundred dollars or over, fifty cents ; 50

Upon every confession of judgment, or cognovit., for one hundred dollars or
over, (except in those cases where the tax for the writ of a commence-
ment of suit has been paid,) fifty cents 50

Writs or other process on appeals from justices' courts or other courts of

inferior jurisdiction to a court of record, fifty cents 50

Warrant of distress, when the amount of rent claimed does not exceed one

hundred dollars, twenty-five cents 25

When the amount claimed exceeds one hundred dollars, fifty cents 80

Provided, That no writ, summons, or other process issued by, and returna-
ble to, a justice of the peace, except as hereinbefore provided, or by any
police or municipal court having no larger jurisdiction as to the amount
of damages it may render than a justice of the piece (peace) in the same
state, or issued in any criminal or other suits commenced by the United
States, or any -state, shall be subject to the payment of stamp duties:
And providedy further t That the stamp duties imposed by the foregoing
schedule B on manifests, bills of lading, and passage-tickets, shall not
apply to steamboats or other vessels plying between ports of the United
States and ports in British North America.

Affidavits in suits or legal proceedings shall be exempt from stamp duty.

Stamp duties*

SC

:ihi

ULE C.

MEDICINES OB PREPARATIONS.

For and upon every packet, box, bottle, pot, phial, or other enclosure, con-
taining any puis, powders, tinctures, troches, lozenges, sirups; cordials,
bitters, anodynes, tonics, plasters, liniments, salves, ointments, pastes,

Schedule O.

Medicines at
preparations.

person matung

or preparing the same has, or claims to have, 1 any private formula or oc-
cult secret or art for the making or preparing the same, or has, or claims
to have, any exclusive right or title to the making or preparing the same,
or which are prepared, uttered, vended, or exposed for sale under' any
letters-patent, or held out or recommended to the public by the makers,
venders, or proprietors thereof as proprietary medicines, or as remedies
or specifics for any disease, diseases, or affections whatever affecting the
human or animal body, as follows : where such packet, box, bottle, pot,
phial, or other enclosure, with its contents, shall not exceed, at retail

price, or value, the sum of twenty*flve cento, one cent 1

Where such packet, box, bottle, pot, phial, or other enclosure, with its con- ».
tents, shall exceed the retail price or value of twenty-five cents, and not

exceed the retail price or value of fifty cents, two cents ; 2

Where such packet, box, bottle, pot, phial, or other enclosure, with its con-
tents, shall exceed the retail price or value of fifty cents, and shall not

exceed the retail price or value of seventy-five cents, three cents 8

Where such packet, box, bottle, pot,<phiaI, or other enclosure, with its con-
tents, shall exceed the retail price or value o£ .seventy-five cents, and

shall not exceed *he retail price or value" of ope dollar, four cents 4

Where such packet, box, bottle, pot, phial, or other enclosure, with its con-
tents, shall exceed the retail price or value of one dollar, for each and
every fifty cents or fractional part thereof over and above the one dollar,
as before mentioned, an additional two cents J

vol* wl Pub. — 26

802 THIRTY-EIGHTH CONGRESS. Sw». X Ch. 178. 1864

Duty".
DoflB. cte.

Perfumery, &©» febfumery, coshbtics, fhotogkafhs, hatches, ahd <urds.

For and upon every packet, box, bottle, pot, phial, or other enclosure, con*
taining any essence, extract, toilet water, cosmetic, hair oil, pomade,
hair-dressing, hair restorative, hair dye, tooth-wash, dentifrice, tooth*
paste, aromatic cachons, or any similar articles, by whatsoever name the
same heretofore have been, now are, or may hereafter be called, known,
or distinguished, ased or applied, or to be used or applied as perfumes or
applications to the hair, mouth, or skin, made, prepared, and sold or re*
moved for consumption and sale in the United States, where such packet,
box, bottle, pot, phial, or other enclosure, with its contents, shall not
exceed, at the retail price or value, the sum of twenty-five cents, one
cent 1

Where such packet, box, bottle, pot, phial, or other enclosure^ with its con*
tents, shall exceed the retail price or value of twenty-five cents, and shall
not exceed the retail price or value of fifty cents, two cents 2

Where such packet, box, bottle, pot, phial, or other enclosure, with its con*
tents, shall exceed the retail price or value of fifty cents, and shall not
exceed the retail price or value of seventy-five cents, three cents. 3

Where such packet, box, bottle, pot, phial, or other enclosure, with its con*
tents, shall exceed the retail price or value 1 of seventy-five cents, and
shall not exceed the retail .price or value of one dollar, four cents 4

Where such packet, box; bottle, not, phial, or other enclosure, with its con*
tents, shall exceed the retail price or value of one dollar, for each and
every fifty cents or fractional part thereof over and above the one dol*
lar, as before mentioned, an additional two cents. . • * -2

Feicton matches, or lucifer matches, or other articles made in part of
wood, and used for like purposes, in parcels or packages containing one
hundred matches or less, for each parcel or package, one cent 1

When in parcels or packages containing more than one hundred and not
more than two hundred matches, for each parcel or package, two cents. 2

And for every additional one hundred matches or fractional part thereof, one

cent...* 1

For all cigar-lights and wax tapers, double the rates herein imposed upon
friction or lucifer matches : Provided, That the stamp duties herein pro-
vided for on friction or lucifer matches made in part of wood, or cigar*
lights or wax tapers, shall not be imposed until the first day of Septem-
ber, eighteen hundred and sixty-four; but until that time the tax shall
be assessed and collected as heretofore, and on and after said first day of
September, every package or parcel sold by any person, firm, company,
or corporation, shall be stamped as herein required.

Photographs, ambrotypes, daguerreotypes, or any sun-pictures, except as
hereinbefore provided, upon each and every picture of which the retail
price shall not exceed twenty-five cents, two cents , 2

Exceeding the retail price of twenty-five cents, and not exceeding the sum

of fifty cents, three cents * v .. 8

Exceeding the retail price of fifty cents, and not exceeding one dollar, five

cents 5

Exceeding the retail price of one dollar, for every additional dollar or frac-
tional part thereof, five cents « &

Plat ino-cards. — For and upon every pack of whatever number, when
Post., p. 4g2. the retail price per pack does not exceed eighteen cents, two cents 2

Exceeding the retail price of eighteen cents, and not exceeding twenty-five

cents per pack, four cents 4

Exceeding the retail price of twenty-five cents, and not exceeding fifty cents

per pack, ten cents ♦ t . ♦ ♦ 10

Exceeding the retail price of fifty cents, and not exceeding one dollar per

pack, fifteen cents 15

Exceeding the retail price of one dollar, for every additional fifty cents, or

fractional part thereof, hi excess of one dollar, five cents 6

Allowance ana ALLOWANCE AND PBAWBApK.

drawback.

Secl 171. And be it farther exacted, That from and after the date on
which this act takes effect there shall be an allowance or drawback on all
articles on which any internal duty or tax shall have been paid, except
raw or unmanufactured cotton, refined coal-oil, naphtha, benzine or ben-
Post, p. 482. zoic, distilled spirits, manufactured tobacco, snuff and cigars of all descrip-
tions, equal in amount to the duty or tax paid thereon, and no more, when

THIBXT-EIGHTH CONGRESS. SbsS.1 Cb. 178* 1364.

303

exported, the evidence thai any such doty or tax has been paid to*be fur-
nished to the satisfaction of the commissioner of internal revenue by such Allowance and
person or persons as shall claim the allowance or drawback, and the drawback,
amount to be ascertained under such regulations as shall, from time to
time, be prescribed by the commissioner of internal revenue, under the '
direction of the Secretary of the Treasury, and the same shall be paid by
the warrant of the Secretary of the Treasury on the treasurer of the
United States, out of any money arising from internal dudes not other-
wiser appropriated : Provided, That no allowance or drawback shall be Pro*bo&
made or had for any amount claimed or due less than ten dollars, any-
thing in this act to the contrary notwithstanding : And provided, further,
That any certificate of drawback for goods exported, issued in pursuance
of the provisions of law, may, under such regulations as may be pre-
scribed by the Secretary of the Treasury, be received by the collector or
his deputy in payment of duties under this act And the Secretary of the
Treasury may make such regulations with regard to the form of said cer-
tificates and the issuing thereof as, in his judgment, may be necessary :
And provided) further, That in computing the allowance or drawback
upon articles manufactured exclusively of cotton, when exported, there
shall be allowed, in addition to the five per centum duty which shall
have been paid on such articles, a drawback of two cents per pound upon
such articles, in all cases where the duty imposed by law upon the cotton
used in the manufacture thereof has been previously paid ; the amount of
said allowance to be ascertained in such manner as. may be prescribed by
the commissioner of internal revenue, under the direction of the Secre-
tary of the 'treasury.

Sec. 172. And be it further enacted, That if any person or persons . F^Jty**
shall fraudulently claim or seek to obtain an allowance or drawback on claiming ^raw-
goods, wares, or merchandise, on which no internal duty shall haVe been back,
paid, or shall fraudulently claim any greater allowance or drawback than
the duty actually paid, as aforesaid, such person or persons shall forfeit
triple the amount wrongfully or fraudulently claimed, or sought to be ob
tained, or the sum of five hundred dollars, at the election of the Secretary
of the Treasury, to be recovered as in other cases of forfeiture provided
for in the general provisions of this act.

Sec* 173. And be it further enacted, That the following acts of congress Repeal of acts
are hereby repealed, to wit : The act of July first, eighteen hundred and n *JS ct ^f^'
sixty-two, entitled "An act to provide internal revenue to support the VoL xiiTp. 43$.
government and to pay interest on the public debt," except the one hun-
dred and fifteenth and one hundred and nineteenth sections thereof ; and
excepting, further, all provisions of said act which create the offices of
commissioner of internal revenue, assessor, assistant assessor, collector,
deputy collector, and inspector, and provide for the appointment and quali-
fication of said officers. Also, the act of July sixteenth, eighteen hundred 1862, ch. 187,
and sixty-two, entitled u An act to impose an additional duty on sugars
produced in the United States." Also, the act of December twenty-fifth, ch< a
eighteen hundred and sixty-two, entitled " An act to amend an act en- Vol.xiLp.63a.
titled ' An act to provide internal revenue to support the government and
to pay interest on the public debt,' approved July first, eighteen hundred
and sixty-two." Also, the act of March third, eighteen hundred and sixty- 1868, ch. 74.
three, entitled "An act to amend an act entitled 'An act to provide in- VoL * nz *
ternal revenue to support the government and to pay interest on the
public debt,' approved July first, eighteen hundred and sixty-two, and for
other purposes," excepting the provisions of said act which create the
offices of deputy commissioner and cashier of internal duties and revenue
agents, and provide for the appointment and qualification of said officers*
Also, the twenty-fourth and twenty-fifth sections of the act of July four-*
teenth, eighteen hundred and sixty-two, entitled a An act increasing tern- was, cK lea,
porarily the duties on imports, and for other purposes." Also, the second ° *"* p * m '

304 THIRTY-EIGHTH CONGRESS. Sbss*L Ch. 173. 1864

1863, ch. 76, section of the act of March third, eighteen hundred and sixty-three, en*
Vol. xii. p. 739. titled " An act to prevent and punish Brands upon the revenue, to provide

for the more certain and speedy collection of claims in favor of the United
States, and for other purposes," so far as the same applies to officers of in-

1864, ch. 20, ternal revenue. And, also> the act of March seventh, eighteen hundred
P* 14, and sixty-four, entitled u An act to increase the internal revenue, and for

other purposes," together with all acts and parts of acts inconsistent here*
Certain provi*. with : Provided, That all the provisions of said acts shall be in force for
*° I &Jce. b6 levying and collecting all taxes, duties, and licensed properly assessed or
m liable to be assessed, or accruing under the provisions of former acts, or

drawbacks, the right to which has already accrued, or which may hereafter
accrue, under said acts, and for maintaining and continuing hens, fines,
penalties, and forfeitures incurred under and by virtue thereof. Aiid for
carrying out and completing all proceedings which have been already
commenced, or that may be commenced, to enforce such fines, penalties,
and forfeitures, or criminal proceedings under said acts, and for the pun-
ishment of crimes of which any party shall be or has been found guilty:
And provided, further, That no office created by the said acts, and con-
No office tinued bv this act, shall be vacated by reason of any provisions herein

vacated. contained, but the officers heretofore appointed shall continue to hold the

said offices without reappointment': And provided, further, That whenever
Duty by for- the duty imposed by any existing law shall cease in consequence of any

S a &T Qtiau6d limitation therein contained before the respective provisions of this act
' shall take effect, the same duty shall be, and is hereby, continued until

such provisions of this act shall take effect ; and when any act is hereby
repealed, no duty imposed thereby shall be held to cease, in consequence
of such repeal, until the respective corresponding provisions of this act
Manufactures shall take effect: And provided, farther, That all manufactures and pro-

on hand. ductions on which a duty was imposed by either of the acts repealed by

this act, which shall be in possession of the manufacturer or producer, or
of his agent or agents, on the day when this act takes effect, the duty im-
posed by any such former act not having been paid, shall be held and
deemed to have been manufactured or produced after said date; and
whenever by the terms of this act a duty is imposed upon any articles,
goods, wares, or merchandise manufactured or produced, upon which no
duty was imposed by either of said former acts, it shall apply to such as
were manufactured or produced, and not removed from the place of man-
ufacture or production, on the day when this act takes effect : And pro-
No direct tax vided, further, That no direct tax whatsoever shall be assessed or collected

to °e *?^ 88ed under tins or any other act of congress heretofore passed, until congress

shall enact another law requiring such assessment and collection to be
made ; but this" shall not be construed to repeal or postpone the assess-
ment or collection of the first direct tax levied, or which should be levied,
1861, ch. 45, under the act entitled "An act to provide increased revenue from imports

Vol. xii. p. 202. to pay interest on the public debt, and for other purposes," approved Au-
gust fifth, eighteen hundred and sixtyrone, nor in any way to affect the
legality of said tax or or any process or remedy provided in said acts, or
any other acts, for the enforcement or collection of the same in any state
or states and territories and the District of Columbia ; but said first tax,
and any such process or remedy, shall continue in all respects in force,
anything in this act to the contrary notwithstanding*
Eegulations of Seg. 174* And be it further enacted, That the said commissioner of

commissioner, internal revenue, under the direction of the Secretary of the Treasury, is

authorized to make all such regulations, not otherwise provided for, as
may become necessary by reason of the alteration of the laws in relation
to internal revenue, by virtue of this act
Section 119 of Sec 175* And be it further enacted, That the one hundred and nine-

torem^DtoiJcel teeQt ^ sectum of an act entitled " An act to provide internal revenue

Vol"^ p. 489. to support the government and to pay interest on the public debt,"

THIRTY-EIGHTH CONGRESS*. SisstkL Ch. 178. 1B64

approved July first, eighteen hundred and sixty-two, shall remain in* fall
force*

Sec. 176. And be %t farther enacted. That when any tax or duty is im- Mode, &c., of*
posed by law, and the mode or time of assessment or collection is not assessment of cer-
therein provided, the same shall be established by regulation of the Secre- tw taxe8 *
tary of the Treasury.

Sec. 177. And be it further enacted. That- every collector to whom any When doty on
duty upon cotton shall be paid shall mark the* bales or other packages ^^^^
upon which the duty shall have been paid, in* such manner as may clearly n^ked,
indicate the payment thereof, and shall give to. the owner* or other person
having charge of such cotton* a permit for* the removal of the same,
stating therein the amount and payment of [the] duty, the time and
place of payment, the weight and marks upon>tbe bales and packages, so
that the same may be folly identified. Whenever any eotton, the product Cotton from
of the United States, shall arrive at any port of the United. States from g*«*to*unep-
any state in insurrection against the government, the assessor or assistant
assessor shall immediately assess Hie taxes-- due thereon, and shall, with-
out delay, return the same to the collector or deputy collector of said dis-
trict, and the said collector or deputy collector shall demand of the owner
or other person having charge of such cotton the tax imposed by this act,
and assessed thereon, unless evidence of previous payment of such. tax. shall
be produced, under such regulations as the commissioner of internal revenue,
by the direction of the Secretary of the Treasury, shall from time to time
prescribe ; and in case the tax so assessed shall not be paid to such col*
lector within ten days after demand 1 ,, the collector or deputy collector, as
aforesaid, shall institute proceedings for the recovery of the tax, as here-
inbefore provided, which said tax shall be a lien upon said cotton from
the time when said assessment shaH be made r Provided, That all cotton Cotton sold fat
sold by, or on account of, the government of the United States shall be jJJJtf^Jj?
free and exempt from duty at the time of and after the sale thereof, and
the same shall be marked free*, and the purchaser furnished with such
a bill of sale as shall clearly and accurately describe the same, which
shall be deemed and taken to he a permit authorizing the sale or removal
thereof.

Seo. 178. And be it further enacted. That consuls of foreign conn- Foreign consuls
tries in the United States, who are not citizens thereof, shall be, and here- fj^i^ometex,
by are, exempt from any income tax imposed by this act which may be w hen, &c
derived from their official emoluments, or from property in such coun-
tries: Provided, That the governments which such consuls may repre-
sent shall extend similar exemption to consuls of the United States.

Sec. 179. And be it further enacted, That, where it is not otherwise Collectors to
provided for in this act, it shall be the doty of the collectors, in their SJJ^JHk
respective districts, and they are hereby authorized, to prosecute for the ures.
recovery of any sum or sums that may be forfeited by virtue of this act ;
and all fines, penalties, and forfeitures which may be imposed or incurred
by virtue of this act shall and may be sued for and recovered, where not
otherwise herein provided, in the name of the United States, in any
proper form of action, or by any appropriate form of proceeding, before
any circuit or district court of the United .States for the district within
which said fine, penalty, or forfeiture may have been incurred, or before
any court of competent jurisdiction ; and where not otherwise herein pro-
vided for, one moiety shall be to the use of the person who, if a collector Post, p. 483.
or deputy collector, shall first inform of the cause, matter, or thing where-
by any such fine, penalty, or forfeiture shall have been incurred, and the
other moiety to the use of the United States. And the several circuit ^v^ffiSm.
and district courts of the United States shall have jurisdiction of all
offences against any of the provisions of this act committed within their
several districts.

Sec. 180. And be it further enacted* That if any person liable and

AS* *

306

THIRTT-MGHTH CONGRESS. Sass. L Cel 173, 174. 2864

Penalty for required to pay any tax upon any article, goods, wares, merchandise, or
^We^otax be- H,anu ^ actDre8 » &s herein provided, shall sell, or cause or allow the same to
fore tax k paid. he sold, before the tax to which sach article, goods, wares, merchandise,

or manufacture is legally liable, is paid, with intent to avoid such tax, or
in fraud of the revenue herein provided, any debt contracted in the sale
of such article, goods, wares, merchandise, or manufactures, or any secur-
ity given therefor, unless the same shall have been bona fide -transferred
to the hands of an innocent holder, shall be entirely void, and the collec-
tion thereof shall not be enforced in any court. And if any sach article,
" goods, wares, merchandise, or manufacture has been paid for, in whole or
in part, the sum so paid shall be deemed forfeited, and any person who
will sue for the same in an action of debt shall recover of the seller the
amount so paid, one half to his own use, and the other half to the use of
the United States*

Appropriation Seo. 181. And be it farther enacted, That four hundred thousand dol-

St^frevenue or 80 mucn thereof 88 may be necessary for die payment of the
acts,* expenses incident to carrying into effect die various acts connected with

internal revenue which are or may be authorized and payable after the
first of July, eighteen hundred and sixty-four, is hereby appropriated for
that purpose payable out of any money in the treasury not otherwise
appropriated, to be expended under the direction of the Secretary of the
Collectors to be Treasury. And it shall be the duty of the collectors of internal revenue,
M^Sau^ as the secretary may direct* to act as disbursing agents to pay the afore-
said expenses, without increased compensation therefor, who shall give
good and sufficient bonds for the faithful performance of their duties as
such disbursing agents for such sum and in such form as shall be pre-
scribed by the first comptroller of the treasury, subject to the approval
of the Secretary of the Treasury: Provided, That the aforesaid appropri-
ation shall continue in force to tine thirtieth day of June, eighteen hun-
dred and sixty-five, and thereafter the Secretary of the Treasury shall
embrace in his annual estimates £he amount which, in his opinion, will be
required for the expenses of tMs branch of the public service.
Word "state" Seo. 182* And be U further enacted, That wherever the word state Is
toi^"and Qsed ti" 3 aet > ehaO be construed to include the territories and the
Kof Colombia. District of Columbia, where such construction is necessary to carry out

the provisions of this act*
Approved, June 80, 1864.

June, 30, 1864. Chap. CLXXIV. — An Act to regulate Prize Proceeding* end tie Distribution of Prize
Money, and for other Purposes.

Be it enacted by the Senate and Bouse of Representatives of the United

Duty of com. States of America in Congress assembled. That it shall be the duty of the
maktog^pt^ commanding officer of any vessel or vessels making a capture to secure

Documents, the documents of the ship and cargo, including the log-book, with all other
documents, letters, and other papers found on board, and make an inven-
tory of the same, and seal them up, and send them, with the inventory, to
the court in which proceedings are to be had, with a written statement
tbat they are all the papers found, and in the condition in which they were
found, or explaining the absence of any documents or papers, or any change

Witnesses. in their condition. He shall send to said court, as witnesses, the master,
one or more of the other officers, the supercargo, purser^ or agent of the
prize, and any person found on board whom he may suppose to be Inter-
ested in, or .to have knowledge respecting, the title, national character, or
destination of tbe prize* ' He shall send the prize, with the documents,

Prize master papers, and witnesses, under charge of a competent prize master and
and crew, prize crew, into port for adjudication, explaining the absence of any usual

witnesses ; and in the absence of instructions from superior authority as
to the port to which it shall be sent, he shall select such port as he shall

THIRTY-EIGHTH CONGRESS. Sjsss.1 Co. 174 1864. 807

deem most convenient in view of the interests of probable claimants, as
well as of the captors. If the captured vessel, or any part of the captured Duty erf corn-
property, is not in condition to 1>e sent in for adjudication, a survey J^Si^Sef^
shall be had thereon and an appraisement made by persons as competent cannot be sent in.
and impartial as can be obtained, and their reports shall be sent to the
court in which proceedings are to be had ; and such property, unless
appropriated for the use of the government, shall be sold by the authority,
of the commanding officer present, and the proceeds deposited with the
assistant treasurer of the United States most accessible to said court, and
.subject to its order in the cause. %

Sec. 2* And be U farther enacted, That if any vessel of the United If vessels claim
States shall claim to share in the prize, either as having made the cap- comn^Serto
tore, or as having been witfein signal distance of the vessel or vessels make a state-
making the capture, the commanding officer of such vessel shall make out ment
a written statement of his claim, with the grounds on which it is rested,
the principal facts tending to show bat vessels made the capture, and
what vessels were within signal distance of those making the capture,
with reasonable particularity as to times, distances, localities, and signals
made, seen, or answered ; and such statement of claim shall be signed by
him and sent to the court in which proceedings shall be had} and shall be
filed in the cause.

Sec. 3. And be it further enacted, That it shall be the duty of the Duty of prise
prize master to make his way diligently to the selected port, and there master *
immediately deliver to a prize commissioner the documents and papers,
and the inventory thereof, and make affidavit that they are the same and
in the same condition as delivered to him, or explaining any absence or
change of condition therein, and that the prize property is in the same
condition as delivered to him, or explaining any loss or damage thereto $
and he shall further report to the district attorney, and give to him all the
information in his possession respecting the prize and her capture ; and
he shall deliver over the persons sent as witnesses to the custody of the
marshal, and shall retain the prize in his custody until it shall be taken
therefrom by process from the prize court*

Sec. 4» And be it further enacted^ That the attorney of the United United States
States for the district shall immediately file a libel against such prize attorney to file
property, and shall forthwith obtain a warrant from the court directing ^demaSia^
the marshal to take it into his custody, and shall proceed diligently to
obtain a condemnation and distribution thereof, and to that end shall see
that the proper preparatory evidence is taken by the prize commissioners,
and that the prize commissioners also take the depositions de bene esse of
the prize crew and other transient persons cognizant of any facts bearing
on condemnation or distribution. It shall also be the duty of the district
attorney to represent the interests of the United States in all prize
causes, and he shall not act as separate counsel for the captors on any not to act as
private retainer or compensation from them, unless in a question between ^^^^
the claimants and the captors on a demand for damages. The district ^ ™ eS8 » ®°* *
attorney shall examine all foes, costs, and expenses, sought to be charged to examine
on the prize fund, and protect the interest of the captors and of the fees » 00St3 » *°»
United States* The district attorneys of all districts in which any prize to report quar*
causes are or may be pending, shaii, as often as once in three months, Secretary
send to the Secretary of the Navy a statement of the condition of all Yy '
prize causes pending in their districts, in such form and embracing such
particulars as the Secretary of the Navy shall require.

Sec* 5. And be it farther enacted, That any district court may
appoint prize commissioners, not exceeding three in number, of whom Prize commie-
one shall be a retired naval officer, approved by the Secretary of the doners.
Navy, who shall receive no other compensation than his pay in the navy,
and who shall- protect the interests of the captors and of the Department
of the Navy in the prize property, and at least one of the others shall be

808

THIRTY-EIGHTH CONGRESS. Sbss-L Ch. 174 1864

a member of the bar of the court, of not less than three years* standing,
and acquainted with the taking of depositions.
Drtytf prize Sec 6. And be it further enacted) That the prize commissioners, or
c0mmiS8l0ners * one of them, shall receive from the prize master the documents and

papers, and inventory thereof and shall take the affidavit of the prize
master hereinbefore required, and shall forthwith take the testimony of
the witnesses sent in, separate from each other, on interrogatories pre-
scribed by the court, in the manner, usual in prize courts ; and the
witnesses shall not be permitted to see the interrogatories, documents, or
papers, or to consult with counsel, or with any persons interested, without
special authority from the court; and the witnesses who have the rights
of neutrals shall be discharged as soon as practicable. The prize commis-
sioners shall also take depositions de bene esse of the prize crew and
others, at the request of the district attorney, on interrogatories prescribed
by the court They shall also, as soon as any prize property comes
within the district for adjudication, examine the same, and make an
inventory thereof, founded on an actual examination^ and report to the
court whether any part of it is in a condition requiring immediate sale
for the interests* of all parties, and notify the district attorney thereof;
and if it be necessary to the examination or making of the inventory that
the cargo be unladen, they shall apply to the court for an order to the
marshal to unlade the same, and shall, from time to lime, report to the
court anything relating to the condition of the property, or its custody or
disposal, which may require any action by the court, but the custody of
the property shall be- only In the marshal. They shall also seasonably
return into court, sealed and secured from. inspection, the documents and
papers which shall come to their hands, <luly scheduled and numbered,
and the other preparatory evidence, and the evidence taken de bene esse,
and then! own inventory of the prize property ; and if the captured vessel,
or any of its cargo or stores, are such that, in -their judgment, may be
useful to the government in wa?,ifcey*8hall report the same to the Secre--
tary of the Navy.

Marshal to Seo. 7. Ana be it farther enacted, That the marshal shall safely
^^S^^kcr *U prize property under waraaat from 1jie court, and shall report to
'the court any cargo or other property that he thinks requires to be
unladen and stored, or to be sold. He shall insure prize property if, in
his judgment, it is for the interest of all concerned. He shall keep in his
tokejpwi^ custody all persons found on board a prize and sent in as witnesses, until
custo^T^ they are released by the prize commissioners or the court. If a sale of

property is ordered, he shall sell the same in the manner required by the
court, and collect the > purchase-money, and forthwith deposit the gross
proceeds of the sales with the assistant treasurer of the United States
nearest the place of sale, subject to the order of the court in the partic-
ular cause; and each marshal shall forward to the Secretary of the
Navy, whenever, and as often as he may require it, a full statement of
the condition of each prize and of the disposition made thereof.
^When prtz* Sec. 8. And be it farther enacted, That, whenever any prize property
JricL* shall be condemned, or shall at any stage of the proceedings be found by

the court to be perishing, perishable, or liable to deteriorate or depreciate,
or whenever the costs of keeping the same shall be disproportionate to its
value, it shall be the duty of the court to order a sale thereof ; and When-
ever, after the return day on the libel, all the parties in interest who have
appeared in the cause shall agree thereto, the court is authorized to make
such order, and no appear shall operate to 1 prevent the making or execu-
Asettaneers. tion of such order. The Secretary of the Navy shall employ an auction-
eer or auctioneers of known skill in the branch of business to which any
Mode of sale, sale pertains, to make the sale, but the sale shall be conducted under the
supervision of .the marshal, and the collecting and depositing of the gross
proceeds shall be by the auctioneer or his agent Before any sale the

THIRTY-EIGHtH CONGRESS. Ssss. L Ch.174 1864. 809

marshal shall cause full catalogues and schedules to be prepared and cir- Sales to be

culated, and a copy of each shall be returned bj the marshal to the court 'advertised*

in each cause. The marshal shall cause all sales to be advertised fully

and conspicuously in newspapers ordered by the court, and by posters^

and he shall, at least five days before the sale, serve notice thereof upon

the naval prize commissioner, and the goods shall be open to inspection

at least three days before the -sale*

Sec. 9. And be it farther enacted, That in case a decree of condem- Gamt to de-
nation shall be rendered, the court shall consider the claims of all vessels ^^aro?^
to participate in the proceeds, and for that purpose shall, at as early a prize,
stage of the cause as possible, order testimony to be taken tending to show
what part should be awarded to the captors, and what vessels are entitled
to share, and such testimony may be sworn/ to before any judge or com-
missioner of the courts of the United States, consul, or commercial agent
of the United States, or notary-public, or any. officer of the navy highest
in rank, reasonably accessible to the deponent. The court shall make a
decree of distribution, determining what vessels are entitled to share in
the prize, and whether the prize was of superior, equal, or inferior force
to the vessel or vessels making the capture* And said decree shall recite
the amount of the gross proceeds of the prize' subject to the order of the
court, and the amount deducted therefrom for costs and expenses, and the
amount remaining for distribution, and whether the whole of such residue
is to go to the captors, or one half to the captors, and one half to the
United States*

Sec* 10. And be it further enacted, That the net proceeds of all prop- Net proceeds of
erty condemned as prize shall, when the prize was of superior or equal Sf^JJ°j to be
force to the vessel or vessels making the capture, be decreed to the cap- ^ $tr ^ ute
tors ; and when of inferior force, one half shall be decreed to the United
States and the other half to the captors: Provided, That, in case of pri,
aieers and letters-of-marque, the whole shall be decreed to the captors,
unless it shall be otherwise provided in the commissions issued, to such
vessels* All vessels of the navy within signal distance of the vessel or ^VBat vessels
vessels making the capture, under such circumstances and in such eon* to share*
dition as to be able to render effective aid if required, shall share in the
prize ; and in case of vessels not of the navy, none shall be entitled to
share except the* vessel or vessels making the capture, in which term shall
be included vessels present at the capture and rendering actual assistance
in the capture. All prize money adjudged to the captors shall be distrib-
uted m the foUowihg proportions, namely :— ^ x *' iiarS E ! OPtJon8

First. To the commanding officer of a fleet or squadron, one twentieth f commander
part of all prize money awarded to any vessel or vessels under his imme- of fleet or squad-
diate command* ron >

Second. To the commanding officer of a division of a fleet or squadron, of commander
on duty under the orders of the commander-in-chief of such , fleet or £$7^°* *
squadron, a sum equal to one fiftieth part of any prize money awarded to 9
a vessel of such division for a capture made while under his command,
the said fiftieth part to be deducted from the moiety due to the United
States, if there be such moiety, otherwise from the amount awarded to
the captors: Provided, That such fiftieth part shall not be in addition
to any share which may be due to the commander of the division, and
which he may elect to receive, as commander of a single ship making or.
assisting in the capture.

Third. To the fleet-captain, one hundredth part of all prize money of fleet-captain;
awarded to any vessel or vessels of the fleet or squadron in which he is
serving, except in a case where the capture is made by the vessel on
board of which he is serving at* the time of such capture ; and in such
case be shall share, in proportion to his pay, with the other officers and
men on board "such vessel, as is 1 hereinafter provided. of commander

Fourth. To the commander of a single ship, one tenth part of all the of single ship;

810

THIBTY-EIGHTH CONGRESS. Sess.I. Ch. 174 2864

Shares of prize prize money awarded to the ship under bis command! if such ship at the
monfi 7' time of the capture was under the command of the commanding officer of

a fleet or squadron, or a division, and three twentieths if his ship was act-
ing independently of such superior officer.
Besidve. how Fifth. After the foregoing deductions, the residue shall be distributed
distributed, and proportioned among all others doing duty on board, (including the

fleet-captain,) and borne upon the books of the ship, in proportion to their
respective rates of pay in the service*
Certafa officers No commanding officer of a fleet or squadron shall be entitled to
sharaoTcertain r^cei™ any share of prizes captured by any vessel or vessels not under
prizes. his command, nor of such prizes as may have been captured by any ships

or vessels intended to be placed under his command, before they have
acted under his orders. Nor shall the commanding officer of a fleet or
squadron, leaving the station where he had command, have any share in
the prizes token by ships left on such station after he has gone out of the
limits of his said command, nor after he has transferred his command to
his successor. No officer or other person who shall have been tempo-
rarily absent on duty from a vessel on the books of which he continued to
be borne, while so absent, shall be deprived^ in consequence of such ab-
sence, of any prize money to which he would otherwise be entitled. And
he shall continue to share in the captures of the vessels to which he is
attached until regularly discharged therefrom.

Sec. 11. And be it further enacted, That a bounty shall be paid by the
sons on vessel United States for each person on board any ship or vessel-of-war belong-
enemy destroyed ing to an enemy at the commencement of an engagement, which shall be
vessel* 8 * Stat6S sun k 011 otherwise destroyed in such engagement by any ship or vessel

belonging to the United States, or which it may be necessary to destroy
in consequence of injuries sustained in action, of one hundred dollars, if
the enemy's vessel was of inferior force, and of two hundred dollars, if of
equal or superior force, to be divided among the officers and crew in the
same manner as prize money ; and when the actual number of men on
board any such vessel cannot be satisfactorily ascertained, it shall be esti-
mated according to the complement allowed to vessels of its class in the
navy of the United States ; and there shall be paid as bounty to the cap-
tors of any vessel-of-war captured from an enemy, which they may be in-
structed to destroy, or which shall be immediately destroyed for the public
interest, but not in consequence of injuries received in action, fifty dollars
Ransom money, f or every person who shall be on board at the time of such capture. All
d^t^ted and W ^ anson) money, salvage, bounty, or proceeds of condemned property, accru-
paid. ing or awarded to any vessel of the navy ; shall be distributed and paid to

the officers and men entitled thereto in the same manner as prize money,
under the direction of the Secretary of the Navy.

Sec. 12. And be it farther enacted. That every assignment of prize or
prkelnoney 1 ^^ bounty money, or wages, due to persons enlisted in the naval service, and
to be void unless, all powers of attorney or other authority to draw, receipt for, or transfer
&c* the same, shall be void, unless the same be attested by the captain, or

other commanding officer, and the paymaster ; and in case of any assign-
ment of wages, the same shall specify the precise time when they com-
mence. But the commanding officer of every vessel is required to
discourage his crew from selling any part of their prize money or wages,
and never to attest any power of attorney until he is satisfied that the
same is not granted in consideration of money given for the purchase of
prize money or wages.

Seo. 13. And be it farther enacted, That appeals from the district
Appeals in courts of the United States in prize causes shall be directly to the su-
prize cases * preme court, and shall be made within thirty days of the rendering of

the decree appealed from, unless the court shall previously have extended
When may be the time, for cause shown in the particular case, and the supreme court
<3aime *' shall always be open for the entry of such appeals. Such appeals may

THIBTY-EIGHTH CONGRESS. Sbs&L Ch. 174. 1864

811

be claimed whenever the amount in controversy exceeds two thousand
dollars, and, in other cases, on the certificate of the district judge that the
adjudication involves a question of general importance* Notwithstanding^ District court
snch appeal, the district court may make and execute all necessary orders ^i^iSSSS^SSt 9
for the custody and disposal of the prize property ; and In case of appeal appeal,
from a decree of condemnation, may still proceed to make a decree of dis-
tribution so far as to determine what share of the prize shall go to the
captors, and what vessels are entitled to participate therein. Any prize . Prize cases in
cause now pending in any circuit court shall, on the application of all par- J^£ e °£!^
ties in interest, who have appeared in the cause, be transferred by that fared to supreme
court to the supreme court; and snch transfer may be made, in the dis-
cretion of the court* and on such terms as it may direct, on.the application
of any party : Provided, That if the amount in controversy does not ex- Proviso,
ceed two thousand dollars, such transfer shall not be made unless die court
shall certify that the adjudication involves a question of general import-
ance. All. appeals to the supreme court from the circuit court in prize Appeals,
causes, now remaining therein, shall be claimed and allowed in the same
manner as in cases of appeal from the district court to the supreme court
In any case of appeal or transfer the court below, or the appellate court,
may order any original document or other evidence to be sent up, in
addition to the copy of the record, or in lieu of a copy of a part thereof*

Sec. 14. And be it farther enacted, That all costs and all expenses inci- Costs and ex-
dent to the bringing in, custody, preservation, insurance, sale, or other dis- tf, e
posal of prize property, when allowed by the court, shall be a charge upon p^ty/unless,
the same, and be paid therefrom, unless the court shall decree restitution
free from such charge. No payments shall be made from any prize fund, Kales tor pay-
except upon the order of the court All charges for work and labor, ma* mente »
terials furnished, or money paid, shall be supported by affidavit or vouchers.
The court may, at any time, order the payment, from the deposit made with
the assistant treasurer in the cause, of any costs or charges accrued and al-
lowed. When the cause is finally disposed of, the court shall make, its order
or orders on the assistant treasurer to pay the costs and charges allowed
and unpaid ; and in case the final decree shall be for restitution, or in case
there shall be no money subject to the order of the court in the cause,
any costs or charges allowed by the court, and not paid by the claimants.,
shall be a charge upon, and be paid out of, the fund for defraying the
expenses of suits in which the United States is a party or interested.

Sec. 15. And be it further enacted. That the court may require any On appeals,
party, at any stage of the cause, and on claiming an appeal, to give security JfJ^SS?^,

for COStS. xeqmreaiOTcww.

S$a 16. And be it further enacted, That the net amount decreed for Net amount for
distribution to the United States, or to vessels of the navy, shall be ordered afetri ^^f ^h*
by the court to be paid into the treasury of the United States, to be dis- jSYinto trLs-
tributed according to the decree of the court And the Treasury Depart* uty.
ment shall credit the Navy Department with each amount received to be Credits to
distributed to vessels of the navy; and the persons entitled to share Sentan^tbera.
therein shall be severally credited in their accounts with the Navy Depart-
ment with the amounts to which they are respectively entitled. In case
of vessels not of the navy, the distribution shall be made by the court to Distribution to
the several parties entitled thereto, and the amounts decreed to them shall vessels not of the
be divided between the owners and the ship's company, according to any *****
written agreement between them, and in the absence of such agreement,
one half to the owners and' one half to the ship's company* according to
their respective rates of pay on board ; and the court may appoint a com-
missioner to make such distribution, subject to the control of the court, Commissioner
who shall make due return of his doings, with proof of actual payments to distribute,
by him, and who shall receive no other compensation, directly or indirectly,
than such as shall be allowed him by the court: Provided, That in case
of vessels not of the navy, but controlled by any department of the gov-

812 THIRTY-EIGHTH CONGRESS. Sesb. L Ch* 174 1864

eminent, the whole amount decreed to the captors shall be divided among
the ship's company.

^erks of dfe- Sec. 17. And be U further enacted, That the clerk of each district
ISdOT^ttmte court snaU render to the Secretary of the Treasury and the Secretary of
semi-annually to the Navy a semi-annual statement, beginning with the first day of July

Treaaujvand next, °^ *^ ^ e sums ^ owe d by the court and ordered to be paid, within
Navy; the previous half year, to the district attorney and prize commissioners for

services, and to marshals for fees and commissions ; and he shall, in all
prize causes in the district, for the purpose of the final decree of distribu-
to keep account tion, ascertain and keep an account of the amount deposited with the as*
assfetwft ttea- distant treasurer, subject to the order of the court, in each prize cause,
surer. and the amounts ordered to be paid therefrom as costs and charges, and

the residue for distribution ; and shall send copies of all final decrees of
distribution to the Secretary of the Treasury and the Secretary of the
Navy ; and shall draw the orders of the court for the payment of all costs
and allowances, and for the distribution of the residue. And for the said
Fees for service, services he shall be entitled to receive the sum of twenty-five dollars in
each prize cause, which shall be in full foe the services required' by this
section*

Allowances and Seo. 18* And be it further enacted, That the marshal shall be allowed
commissions to his actual and necessary expenses, for the custody, care, preservation, in*
m surance, sale, or other disposal of the prize properly, and for executing any

order of the court respecting the same, and shall have a commission of one
quarter of one per centum on vessels, and of one half of one per centum
on all other prize property, calculated on the gross proceeds of each sale ;
and if, after he shall have had any prize property in his custody, and shall
have actually performed labor and incurred responsibility for the care and
preservation thereof, the same shall be taken by the United States for its
own use without a sale, or if it shall be delivered on stipulation to the
claimants, he shall, in case the same shall be condemned, be entitled to
one half the above commissions on the amount deposited by the United
States to the order of the courts, or collected upon the stipulation. No
charges of the marshal for expenses or disbursements shall be allowed,
except upon his oath that the same have been actually and necessarily
incurred for the purpose stated*
Marshals and Sec. 19. And be it further enacted, That neither the marshal nor the
clerks not to re- clerk shall' be permitted to retain for all official services, of every kind,
maximum com- excepting those in prize causes, more, than the maximum compensation
pensatfem. allowed to be retained by him by the third section of the act of the twenty*
1858, ch. 80, | & s f xt h f February, eighteen hu ndred and fifty-three ; nor shall the additional
x * ** * compensation which either of said officers shall be permitted to retain for
all services, of every kind, in prize causes, exceed one half the maximum
compensation allowed to them, respectively, by the aforesaid act.
Compensation Seo. 20. And be it further enacted, That the district attorney and prize
of district attor- commissioners, except the naval officer, shall be allowed a just and suit*

ISLE? J"^ able compensation for their respective services in each prize cause, to be
commissioners* , 4 _ _ • - ■ , 1 , , » ,

adjusted and determined by the court, and to be paid as costs in the cause*

District attor- Sec. 21* And be it further enacted* That each district attorney and

ney and prize' prize commissioner, except the naval officer, shall render to the Secretary

Sr^SSunte d» Interior an annual account, beginning with the first day of July next,

annually. of all sums he shall have received fi>r all services in prize causes within

District attor- the previous year; and the district attorney shall be allowed to retain

ney may retain therefrom a sum not exceeding three thousand dollars for each year, in

"°idd^o^to° ■*Ut«m t0 *e maximum compensation allowed to be retained by him by

maximum. the third section of the act of the twenty-sixth February, eighteen hun-

Vol. x. p. 36ft. dred and fifty-three^ or in addition to any salary he may receive in lieu of
such maximum compensation ; and each such prize commissioner shall be

Prize commls- allowed to retain a sum not exceeding three thousand dollars for each

fSSBSfflr* year* which shall be in full for all his official services in prize causes ; and
year*

THIRTY-EIGHTH CONGRESS. Sbss.L' Ch.174 1884

818

any excess over those respective amounts shall be paid bj the officer re- Excess to be
ceiving the same into the treasury of the United' States} and shall be P aid °^ er *
credited to the fund for paying naval pensions.

Sec. 22. And be it further enacted, That the auctioneers employed to Auctioneers'
make sales of prize property shall be entitled to receive commissions by pay *
a scale to be established by the Secretary of die* Navy, not to exceed, in
any case, one half of one per centum on any sum exceeding ten thousand
dollars on vessels, nor one per centum on said sum of other prize property,
which shall be in full for his expenses, as well as their services ; and in
case no such scale shall be established, they shall be entitled to receive
such compensation as the court shall deem just under the circumstances
of each case.

Sco. 28. And be U further enacted, That in any case of capture here- Special counsel
tofore made, or that may hereafter be made by vessels of the navy, the for c& P Uxn *
Secretary of the Navy may employ special counsel for captors, when, in
his judgment, the services of such special counsel are needed in the par*
ticular case, for the due protection of the interests of the captors and of
the navy-pension fund ; and under the direction of the Secretary of the
Navy such counsel may institute and prosecute such proceedings in the
case as may be .necessary and proper for the protection of such interests.
The court may allow such compensation as it shall deem just under the - Court may allow
circumstances of each case to special counsel for captors, not being the compensation,
district attorney or any of his assistants, whether appointed by a depart-
ment of the government or by the captors, for services actually rendered
in the cause, to be paid as costs, in whole or in part either from the entire
fond or from the portion awarded to the captors ; but no such allowance
shall be made except for services rendered on matters as to which the
party the counsel represents has an adverse interest to the United States,
or an interest otherwise proper in the opinion of the court to be repre-
sented by special counsel, or for services rendered in a contestation be-
tween parties claiming to participate in the distribution of the proceeds.

Sec. 24. And be tt farther enacted, That fees of special counsel in Fe^ of special
prize cases incurred or authorized by any department of the government, to what
or for the defence of captors against demands for damages made by claim- fund,
ants in the district court, not paid by claimants, nor from the prize fund
in the particular cause, and audited and allowed by the department incur-
ring or authorizing them, and by the solicitor of the treasury, shall be a
charge, upon and paid out of, the funds appropriated for defraying the ex-
penses of suits in which the United States is a party or interested.

Sbo. 25. And be it farther enacted. That whenever the court shall
allow fees to any witness in a prize cause, or fees for taking evidence* out Witness fees,
of the district in which the court sits, and there is no money subject to its how to be paid,
order in the cause, the same shall be paid by the marshal, and shall be
repaid to him from any money deposited to the order of the court in said
cause ; and any amount not so repaid the marshal shall be allowed as
witness fees paid by him in cases in which the United States is a party.

Sec. 26. And be it further enacted, That no prize property shall be Prize properly
delivered to the claimants on stipulation, deposit, or other security, except S2t!?J? d ^ a i m
where there has been a decree of restitution and tfie captors have appealed osteon stipiSaT
therefrom, or where the court, after a full hearing on the preparatory tfan, &c., unless,
proofs, has refused to condemn the property on those proofs, and has given
the captors leave to take further proofs, or where the claimant of any
property shall satisfy the court that the same has a peculiar and intrinsic
value to him, independent of its market value. In any of these cases, the
court may deliver the property on stipulation "or deposit of its value, if it
shall be satisfied thai the rights and interests of the United States and
captors, or of other claimants, will not be prejudiced thereby, a satisfactory
appraisement being first made, with an opportunity given to the district
attorney and naval prize commissioner to be heard as to the appointment

vol. xin. Pub — 27

.814 . THISTT-EIGHTH CONGRESS. Sess. £ Ch. 174 1864

of appraisers. And any money deposited in lien of stipulation, and all
money collected on a stipulation, not being costs, shall be deposited with
the assistant treasurer in the same manner»as proceeds of a sale*
If captured Sec. 27« And be it further enacted, That whenever any captured ves-
Snbygovero- se ^ arm8 > munitions, or other material shall be taken for the use of the
merit before It is* government before it comes into the custody of a prize court, it shall be
in custody of surveyed, appraised, and inventoried by persons as competent and im~
prae court .partial as can be obtained, and the survey, appraisement, and inventory

shall be sent to the court in which proceedings are to be had ; and if taken
afterwards, sufficient notice shall first be given to enable the court to have
the property appraised for the protection of the rights of the claimants
and captors* In all cases of prize property heretofore taken for, or ap-
propriated, to the use of the government, or that shall hereafter be so
taken or appropriated, the department for whose use it was or shall be
taken or appropriated, shall deposit the value thereof with the assistant
treasurer of the United States nearest to the place of the session of the
court, subject to the order of the court in die cause.
Proceedings for Sec. 28. And be it further enacted, That in case of any capture here*
a^acUoationl^r tofore made, or that shall hereafter be made, % by reason of its condition,
coHunenced,°if or because the whole has been appropriated to the use of the United
property is not States, no part of the captured property has been or can be sent in for adju-
eent in, &c dication, or if the captured property be entirely lost or destroyed, proceed-
ings for adjudication may be commenced in any district the Secretary of
the Navy may designate* And in any such case the proceeds of anything
sold, or the value of anything taken or appropriated for the use of the
government, shall be deposited with the assistant treasurer in or nearest
to that district, subject to the order of the court in the cause. If, when
When captors no property can be sent in for adjudication, the Secretary of the Navy

cee^uT^ tUtepr0 " snaJ1 not9 withm tDree months-after any capture, designate a district for

the institution of proceedings, the captors * may institute proceedings for
Proceedings adjudication in any district. And i£ in any case of capture, no proceed-
ky^mmendo^T ^ n ^ s adjudication shall be commenced within a reasonable time, any
proceedings. parties claiming the* captured property may, in any district court, as a

court of prize, move for a monition to show cause why such proceedings
shall not be commenced, or institute an original suit in such court for res-
titution, and the monition issued in either case shall be served on the
attorney of the United States for the district, and on the Secretary of the
Navy, as well as on such other persons as the court shall order to be
notified.

Salvage for re- - Sec. 29. And be U further enacted, Th&t when any vessel or other
captures. property shall have been captured by any force hostile to the United

States, and shall be recaptured, and it shall appear to the court that the
same had not been condemned as prize before its recapture,* by any com-
petent authority, the court shall award a meet and competent sum as
salvage, according to the circumstances of each case ; and if the captured
property belonged to the United States, it shall be restored to the United
States, and there shall be paid from the treasury of the United States the
salvage, costs, and expenses ordered by the court ; and if the recaptured
property belonged to persons residing within or under the protection of
the United States, the court shall adjudge the property to be restored to
its owners upon their claim, on the payment of such sum as the court may
award as salvage, costs, and expenses.; and if the recaptured property
belonged to any person permanently resident within the territory and
'under the protection of any foreign prince, government, or state in amity
with the United States, and by the law or usage of such prince, govern-
ment, or state, *the property of a citizen of the United States would be
restored under like circumstances of recapture, it shall be adjudged to be
restored to such owner upon his claim, 4 upon such terms as by the law or
usage of such prince, government, or state would be required of a citizen

THIRTY-EIGHTH CONGRESS. Sess,L Gel 174 1864

815

of the United States under like circumstances of recapture ; and when no* ^ecaptares.
such law or usage shall be known, it shall be adjodged to be restored
upon the payment of such salvage, costs, and expenses as the court shall
order: Provided, That nothing in this act shall be construed to contra-
vene any treaty of the United States. And the whole amount awarded No part of sol-
as salvage shall be decreed to the captors, and no part to the United ^«^^J^ the
States, and shall be distributed as in the case of proceeds of property con- m
demned as prize.

Sec. 30. And be it further enacted, That if it shall appear to the court, ^apturedprop-
in the case of any prise property ordered to be sold, that it will be for the transferred to
interest of all parties to have it sold in another district, the court may another district
direct the marshal to transfer the same to the district selected by the court forsaIe -
for the sale, and to insure the same with proper orders as to the time and
manner of selling the same. And it shall be the duty of the marshal so
to transfer the property, and keep and sell the same in like manner as if
the property were in his own district ; and he shall deposit the gross pro-
ceeds of the sale with the assistant treasurer nearest to the place of sale,
subject to the order of the court in which the adjudication thereon is pend-
ing ; and the necessary expense attending the insuring, transferring, re-
ceiving, keeping, and selling the said property shall be a charge thereupon
and upon the proceeds thereof; and whenever any such expense is paid
in advance by the marshal, and he shall not be repaid from the proceeds,
any amount not so repaid he shall be allowed as in case of expenses in-
curred in suits in which the United States is a party. The Secretary of
the Navy may, in like manner, either by a general regulation or special
direction in any cause, require a marshal to transfer any prize property
from the district in which the judicial proceedings are pending to any
other district for sale, and the same proceedings shall be had as if such
transfer had been made by order of the court, as hereinbefore provided.

Sec. 31. And be it further enacted, That if any person shall wilfully WilftUy acting
do any act, or aid, assist, or advise, in the doing of any act relating to the J^^^^ay*"
bringing in, custody, preservation, sale, or other disposition of any prop- captor or claim-
erty captured as prize, or relating to any documents or papers connected an ^ *ow
with the property, or to any deposition or other document or paper con- p
nected with the proceedings, with intent to defraud, delay, or injure the
United States, or any captor or claimant of such property, he shall, on
conviction, be punished by a fine not exceeding ten thousand dollars, or
by imprisonment not exceeding five years, or both, at the discretion of the
court

Sec. 32. And be it further enacted, That in the term " vessels of the Term "vessels
navy" shall be included, for the purposes of this act, all armed Vessels ? f ^ na Y7 to
officered and manned by the United States, and under the control of the mclude * h&t *
Department of the Navy*

Sec. 33. And be it further enacted. That the provisions of&is act shall pJ^JfUp^
be applied to all captures made as prize by authority of the United States, tares, &c. ;
or adopted and ratified by the President of the United States.

Sec 34. And be it further enacted, That this act shall apply to all and to pending
prize proceedings now pending. proceedings.

Sec. 35. And be it further enacted, That die act entitled "An act pro- Beneaiofacts
viding for salvage in cases of recapture, 9 approved on the third day of of y^h?p. 16. *
March, in the year eighteen hundred, and the act entitled " An act in
addition to the act concerning letters-of-marque, prizes, and prize goods,* 1 isis ch. is.
approved on the twenty-seventh day of January, in the year eighteen Vol. ii. p. 792.
hundred and thirteen, and the act entitled " An act in addition to an act
entitled an act in relation to the navy pension fund," approved on the
sixteenth day of April, eighteen hundred and sixteen, and an act entitled I8ie t ch. 66.
w An act to facilitate judicial proceedings in adjudications upon captured VoLiii. 387.
property and for the better administration of the law of prize,* approved

on the twenty-fifth day of March, eighteen hundred and sixty-two, and . J882, ch. 500.

' * Yol.xii.p.374.

8*6

THIRTY-EIGHTH CONGRESS. Sess. L Cb. 175. 1864.

1862 t oh. 204, the second, sixth, and twelfth sections of an act entitled " An act for the
§§ 2, 6, 12. better government of the navy of the United States," approved on the

seventeenth day of July, eighteen hundred and sixty-two, and the act
1868, ch. 86. entitled " An act fbrther to regulate proceedings in prize, cases and to
vol. xu. p. 759. amend various acts of congress in relation thereto," approved on the third
day of March, eighteen hundred and sixty-three, and all other acts and
parts of acts inconsistent herewith, are hereby repealed*
Approved, June 30, 1864.

June 80, 1864.

Crap. CLXXV.—An Act to establish certain Po$l-Road$.
Be it enacted by the Senate and Borne of Representatives of ike United

Certain post- States of America in Congress assembled, That the following be estab-
ads established ij SQe d as post-roads : —

CALIFORNIA.

roads
ia —
California,

From San Buena Ventura, California, via Bavena (Sty, and Big
Meadows on the Mohave River, to the sink of said river, and thence to
Fort Mohave on the Colorado River, and Fort Whipple, to Santa Fe\
New Mexico;

From Keysville, via Walker's Pass, Little Owen Lake, and Big Owen
Lake, to Union Mills ;

From Red Bluff, via Teller's Ferry, Battle Creek, ParkviUe, MiUville,
and Buckeye, to Shasta ;

From Ix>s Angelos to La Paz, and thence to the capital of Arizona
Territory, and thence to Santa. Fe ;

From San Jose, in Santa Clara County, via the mountain road leading
into Pajer*s Valley, to Watson ville, hi Santa Cruz County ;

From San Mateo to Peseadero, in Santa Cruz County ;

From Aurora to San Carlos ;

From Visalia to San Carlos :

From Stockton, via Copperopolis, to Angel's ; f
From Sonora, California, via Bridgeport, to Aurora, Nevada Territory
From Susanville, in Lassen County, California, to Boise City, in Idaho
Territory ;
From Gampo Seco to Mokelumne Hill ;
From Crescent City, California, to Waldo, Oregon ;
From San Bernardino, California, to La Paz, Arizona Territory;
From Fulsom City, via TJniontown, to Cbloma ;
From San Pedro to Wilmington and Los Angelos.

ILLINOIS.
From Elgin, via Burlington, to Sycamore ;

From Rock Island, via Camden Mills, Pleasant Ridge, Hazlet, Ham-
let, Perryton, Aledo, High Point, New Boston, Keithsburg, Oquawka,
Sagetown, Hopper's Mills, Shohoken, Tinappity, Dallas (Sty, Pontoosac,
and Appanoose, to Fort Madison, Iowa ;

From Luda, Ogle County, to New Milford, Winnebago County ;

From Argo, via Morrison road, in the town of York, and Baker's
Spring, in the town of Union Grove, to Morrison ;

From Hale, Ogle County, to Payne's Point ;

From BeavervHle, via Donovan, to Iroquois ;

From Moro, via Ridgely, to Prairie City;

From Sparta, via Shiloh Hill, to Jones* Creek ;

From Grand Ridge Settlement, in the southwest township of Kanka-
kee County, via Norton township, Union Hill, Essex township, Kanka-
kee County, and Reid township, in Will County, to Wilmington in same
county;

From Joliet, via Grinton, in Troy township, and Seward, to Platte*
ville, in Kendall County ;

THIRTY-EIGHTH CONGRESS. Sjess, L Csl 17o. 1864 317

From Clifton, Iroquois County, via L'Erable, (intersecting main road . ^*^ fle *r
running north and south on east side of Iroquois River,) and Martenton,
to Middleport ; nunofe.

From Dupage, via East Wheatland, to Plainfield ;

Prom Aurora, Kane .County, yia Wheatland, and Tamorack, to Plain-
field;

From Naperville, Dupage County, to Copenhagen, in same county ;
From Lamont, Cook County, via Dupage, Will County, to Naperville,
Dupage County ;

From Svcamore* De Kalb County, via Genoa, North Kingston, and
Blood's Point, to Belvidere, Boone County;
From Shabbona, De Kalb County, to Malta, in same county;
From Chester to Red Bud;

From Lewistown, Fulton County, to Lincoln, Logan County ;

From Carthage, Hancock County, via Charles Abbott's, and John
Ruth's, to Dallas City, in Hancock and Henderson Counties ;

From Carthage to Fountain Green, in Hancock County;

From Ottowa, via Ford's Comet, Prairie Centre, Ophir Centre, and
Triumph, to Mendota*

INDIANA. ladian*

From Portland, via College, Antioch, Boundary City, and Pittsburg,
to Salem;
From Perry ville to State Line City;

From Union City, via New Pittsburg, and Antioch, to Jay Court-
House.

IOWA. Iowa.

•

From Washington, via North English, Webster, and Coal Creek, in
KeoAuk County, Union and New Sharon, to Granville, in Mahaska
County;

From "Vinton to Blairstown, in Benton County ;

From Iuka, via Toledo, Wolf Creek, and Buckingham, to Waterloo ;

From Lexington, via Washington, to Wassonville ;

From Sioux (Sty, Iowa, via Vermillion, and Yancton, in Dakota,
Niobraroh, in .Nebraska, to Gallatin and Bannock City, in Idaho Terri-
tory;

From Waterloo, via Hudson, Grundy Centre, and Vienna, to Mar-
shalltown ;
From Mt Ayr, via Eugene, to Afton;

From Belle Plaine, via West Irving Waltham, Brush, Grove, and
and Six Mile Grove, to Waterloo ;
From Fredericksburg to New- Hampton ; 1

From Marengo, in Iowa County, via Millersburg, North English, and
South English, JSdom, Scotland, Seventy-six, and Cedarville, to* Wash-
ington;

From Monticello, via Castje Grove, PrairiebuTg, Boulder, Waubeck,
and Jordan's Grove, to Marion ;

From Onawa City, via Areola, Mapleton, and Morris, to Ida ;

From Lewis, via Oakneld, to Exira ;

From Big Grove, via Newtown, to Harlan ;

From Council Bluff, via Keg Creek, to Harlan ;

From Council Bttrk via Keg Creek, Newtown, Harris Groye, an$
Oakfield, to Hamlin's Grove ;

From Ottawa, via Glenn's and Garden Grove, to High, Point;

From Indianola, via Oceola, to Leon ;

From Decatur City, Iowa, via Princeton, and Trenton, ifissouri, to
OnTHcothe;

From Lewis, via Grant, to Sciola;

27*

318

THIRTY-EIGHTH CONGRESS* Sbss* L Ch* 175. 1864

Post-roads
tablisbed in

Iowa.

Kansas*

Kentucky*

Maryland.

Michigan.

From Anamosa, Jones County, via Highland Grove and Walnut Fork,
to Clarence, Cedar County ;

From Columbus City, Louisa County, via Downey's Station, West
Branch, Cedar Bluffs, and Mechanics ville, to Anamosa, in Jones County ;

From State Centre, via Minerva, Illinois Grove, and New Providence,
to Eldora ;

From Fort Dodge, via Rolfe and Spirit Lake, to Okoboji, Dickinson
County;

From Onowa City, Monona County, via Kennebec, Smithland Cor-
rectionville, Cherokee, O'Brien, and Peterson, to Spirit Lake, Dickinson
aunty;

From St Charles, Floyd County, via Belmond, Goldfield and Eagle
Grove, Wright County, to Fort Dodge, Webster County;

From Maysville, Franklin County, via Otisville, Wall Lake, and Eagle
Grove, Wright County, to Dakota, Humboldt County.

KANSAS.

From Rising Sun, via Areola, to Grasshopper Falls;

From Junction City, Kansas, to Denver, Colorado ;

From Junction City, Kansas, via the Republican River, to Fort
Kearney, Nebraska ;

From Atchison, via Pardee, Grasshopper Falls, and Mount Florence,
to Topeka;

From Leavenworth, via Oakaloosa, Grasshopper Falls, Houlton, Gr-
cleville, and Lincoln, to Seneca ;

From Lawrence, via Baldwin City and Black Jack, to Paola;

From Junction City, via the Solomon River, to Ayersville;

From Topeka, to the Sao? and Fox Agency;

From Lawrence, via Osawatomie, to Fort Scott ;

From Leavenworth, via Grasshopper Falls, and Houlton to Fort
Riley;

From Lawrence, via Black Jack, and Stanton, to Osawatomie ;
From Fort Scott, via Baxter Springs, Toliquet, Fort Gibson, to Fort
Smith, Arkansas ;

From Lawrence, via Oskaloosa, Grasshopper Falls, Monrovia, and
Pardee, to Atchison.

KENTUCKY.

-From Bradfordsville, Marion County, via William T. Weatherfbrd's,
on Rush Branch, Powers' Store, and Low's Gate, to Hustonville, Lincoln
County.

MARYLAND.

From Salisbury, via Friendship and Dublin, to Newtown ;
From Linganore, via Woodville, to BidgeyUle ;
From Brookville, Montgomery Countv, via the Union Turnpike road,
Silver Spring, and Brightwood, to Washington, District of Columbia.

MICHIGAN.

From Wayne's to Romulus ;

From Pere Marquetta, Marva County, to Indian Town;
From Midland to Isabella;

From Big Rapids, Mecorter County, to Hersey Branch ;
From Unadilla to Plainfield, in Livingston County;
From Constantino, via Hartfs Corners, Newbury and VandaHa, to
Cassopolis;

From Steven's Landing, Somilac County, via Townships of Worth,
Fremont, and Speaker, to Maple Valley, Somilac County.

1HIBTT-EI6HTH CONGBESS. Sbsb.1 {k.175. 1864

819

MINNESOTA. -Poanoads

tablished lot

From Carver, via Waconia, to Watertown ;

From Hastings, via Empire (Sty, Fannington, and Lakeville, to' Minnesota.
Shakopee;

From Faxon, via Glencoe and Koniska, to Hutchinson ;

From Jordan, via Lexington and Le Suer Centre^ to Cleveland ;

From St Charles, via Saratoga and Troy, to Preston ;

From Bed Wing, Goodhue County, via Belle Creek, Hader, Norway,
Kenyon, and East Prairieville, to Faribault, in Bice County;

From H onticelto, Wright County, to Rockford, in same county ;

From St* Cloud, Minnesota, via.- Fort Abercrombie and Bannock City,
in the Territory . of Idaho, to Fort Walla- Walla ;

From Anoka, via Cedar Grove, Bethel, Linwood, Anoka County, and
Oxford, North Branch, Isanti County, to Sunrise, Chisago County ;

From Waukato, Minnesota, to the Winnebago Agency, Dakota Ter-
ritory;

From Preston, via Arundahl and Argo, to Enterprise.

MISSOURI*

From Saint Joseph, Missouri, via Rochester, Empire Prairie, and
Smithtown, to Mount Ayr, Iowa ;
From Saint Catherines, via North Salem and Kiddville, to Unionville.

NEW JERSEY.

From German Valley, Morris County, via Middle Valley and Lower
Valley, to High Bridge, Hunterdon County ;

From Egg Harbor City, via Green Bank, Lower Bank, and Wading
Biver, to Tuckerton ;

From Seaville Station, on the Cape May and Millville Railroad, via
Seaville, to Beasle/s Point, Cape May County ;

NEW YORK

From Utisville, via Cuddlebackville, Oaklandville, and Hartwood, to
Bellford;

From Port Jervis.to Mongaup Valley ;
From Chemung New York, to Saint John's, Pennsylvania ;
From Long Lake, via Newcomb, to Minewa ;
From Georgetown, Madison County, via West Eaton, to Morrisville ;
From Forestville to Kennedy, via Arkwright Summit, Hamlet, Ville-
nova, Cherry Creek, Cedar Creek, and Ellington.

New Jersey

New York.

OHIO.

From Gratis to Camden;

From McCbnnellsville, via TunneH Ridge and Bloom Hill, to Rural
Dale;

From Newcomerstown, to Bakersville ;

From Delta, Ohio, via PanckeVs Corners, Chase's Comers, Rathbone's
Corners, Chaney's Corners, and Bassettte Corners, to Admin, Mfohiwm •

From Sciota Furnace, via Lyra, Clinton Furnace, and PowellsviUe, to
Kelly's Mills;

From West Union, via Wheat Ridge, to YoungsvOle ;

From Zanesville, via Symmes Creek, to Dresden;

From Litchfield to Grafton;

From South Charleston to South Solon ;

From Carroiton, via Davis and LeesviHe, to Bowerstown ;

From Bowerstown, via New Hagerstown, Palermo, and AVo"qq«i, to
CarroHton.

OhtO*

820

THIRTY-EIGHTH CONGRESS. Sess, L Ch. 175. 1864

tabHshedm
Oregon*

Pennsylvania*

OBEGON.

*

From Portland, via Taylor's Ferry and Chehalem Gap, to Lafayette ;
From Lafayette to Tillamook Valley ;

From Dallas City, Oregon, via Canyon City and Independence, to
Boise City, Idaho;
From Roseburg to Point Orford; t

From Roseburg, via Ten Mile Creek, Camas Valley, Junction of Mid-
dle and South Forks of Coquille, Leonard's Prairie, and Sixes Mines,
to Port Orford.

PENNSYLVANIA,

From Elderton, Armstrong County, to Plumville, Indiana County ;
From New Geneva, Fayette County, Pennsylvania, to Morgan town,
West Virginia;
From Farmington, via Elm, to Dawson ;
From Wind Ridge to New Freeport ;
From Newport to Liverpool, in Perry County ;
From Shirland to Clinton;

From Falls, Wyoming County, via MHltown and ShultzvOle, to Hum-
j>hreyville;

From Reading, via Adam's Tavern, Brownsville, Klopp's Store, Het»
rich's Host, Wintersville, and Mount JEtna, to Myerstown ;

From Mauch Chunk, via Nesquehoning, and Summit Hill, to Tama-
qua;

From Trout Run, via Lippincotfs Mills, Murray's Run, WalhV Run,
Keliey's Mills, and Plnnkettfs Creek, to Barbour's Mill ;

From the mouth o£ Cedar Run, via Lower Whetmores, Long Run,
and Westfield's, to Elk Run ;
From Millport, via Clara, to Oswego;

From Jefferson Station, via Cordoras, to Brodbeck's, hi York County;
From Freeport, via State Lick and Melissurdale, to Leisurville ;
From Duncannon, via Dellville and Grier's Point, to Keystone;
From West Alexandria to Independence ;
From Fall Brook to Canton;
From Broadheadsville to Long Valley;

From Dingman's Ferry, Pennsylvania, to Centre ville, New Jersey ;
From Centretown, Mercer County, via Clintonvilie, to Emlenton, Ve-
nango County;

From Garland to Eagle;

From Comptonsville, via Franklin's Corners, to Lockport;
From Waterville to English Centre;

From Middletown Centre, in Susquehanna County, to Rushville, in
same county;

From Stone Church, Northampton County, via Roxbury, to Mount
Bethel, in same county;

From Martin's Creek, Northampton County, via Flickville, Delpsburg,
and Roxbury, to Mount Bethel and Will's Ferry, in same county ;
From Gay Lick, via Welch Run, to Upton, in Franklin County;
From Franklin, Venango County, via Sunville, to Kingsley Post-Office,
Crawford County;

From Brady's Bend, Armstrong County, via Phillipsburg, Clarion
County, to Waterson's Ferry, Clarion County.

VERMONT.

From Montpelier, via Worcester, East Elmore, Elmore, and Wolcott,
to North Wolcott.

Wisconsin. WISCONSIN.

From Amherst to Stevens' Point ;

Vermont*

THIRTY-EIGHTH CONGRESS. Sess. t Ca. 175. 18&L

822

Wisconsin.

From Mazomaine, Dane County, via West Blue Mounds and Moscow, te ^^J^
to Green's Prairie, in Green Count/;
From Tempeleau to Arcadia;
From Mosinee to Marathon City;
From Wausau to Smith's Corner ;

From Durand, via Waubeck, Dunnsville, Downsville, Menominee,
Cedar Falls, Eighteen-mile Creek, Banning Valley, Cook's Valley, and
Bloomer Prairie, to Chippewa Falls ;

From Epraim to Washington Harbor ;

From Barton to Young America;

From Rising Sun, via Freeman and Rush Creek, to De Soto ;
From Wausau to Stettin ;

From River Falls, in Pierce County, via BeldonvHle, Ellsworth, and
Rush River, to Maiden Rock, in said county, and thence across Lake
Pepin to Lake City, in Wabashaw County, Minnesota;

From.Viroqua to Debello, in Vernon County;

From Fort Howard, at die northern terminus of tne Northwestern
Railroad, to Stiles;

From Fayette to Darlington, in Lafayette County;

From Wausau, Marathon County, to Ontonagon, Michigan ;

From Avoca, via Clyde, to Dodge ville, Iowa County ;

From Blue River Station, Grant County, to Port Andrew, Richland
County;

From Green Bay, Brown County, via Red River and Lincoln, Ke-
waunee County, to Aknepee, Kewaunee County ;
From Potosx to Cassville, Grant County;
From Tafton to Beetown, Grant County.

WEST VIRGINIA,

From Lost Creek Post-Office, Harrison County, via Roekford and
Johnstown, to Peel Tree Post-Office, in Barbour County.

West Virginia.

ARIZONA TERRITORY.
From the Pimos Village to the Capitol of Arizona.

COLORADO.

From Denver, Colorado, along the eastern base of the Rocky Moun-
tains, to East Bannock, in Idaho ;

From Denver, Colorado, via Panchee Pass and Conejos, to Santa F6,
New Mexico ;

From Denver to Byou Basin ;

From Golden City, via Ralston Greek and Boulder City, to Burling-
ton.

DAKOTA.

From Fort Abercrombie, Dakota, to Bannock City, Idaho.

IDAHO.

From Boise (Sty, via Bannock City, CentrevOle, Pioneer City, and
Placerville, to Le wiston ;
From Placerville to Fayettevilie ;
From Boise City to Esmeralda, in Alturas County ;
From Boise City, via Owyhee, to Humboldt, in Nevada Territory.

NEBRASKA.

From Julesburgh, Nebraska, via Fort Laramie and Deer Creek, to
Virginia City, in Idaho ;

From Omaha City, by way of the Valley of the Elk Horn, to the Nio-
brarah River.

Arizona.

Colorado*

Dakota*

Idaho*

Nebraska.

822 THIRTY-EIGHTH CONGRESS* Sess. L Ch. 176. 1864

NEVADA.

Port^pads es- From Aurora, Nevada, to KejsviUe, California ; ,
111 From Onionvffle to Dun Glen, East Range ;

From Virginia City, via Onionvilie, Star City, to Humboldt.

Utah, UTAH.

From Fort Bridger, Utah, via Richville, Soda Springs, tbe Upper
Crossing of Snake River and Virginia City, to Hell Gate, in Idaho;

From Fort Bridger, Utah, via Boise (Sty, Idaho, and Grand Ronde
Valley, Oregan, to Walla-Walla, Washington Territory ;

From Salt lake City, Utah, via Fillmore City and St. George, to Los
Angelos, California;

From Salt Lake City, via E. T. City, Grantsvffle, Tooele, Shambiss,
Cedar Fort, Fairfield, and Goshen, to Payson;

From Salt Lake (Sty, Utah, via Provo City, Salt Creek, Fillmore
City, Beaver, Parawan, Cedar City, to St. George;

From Brigham (Sty, via Mendon, Wells viUe, Hyrum, Mfflville, Prov-
idence, Logan, Hyde Park, Smithfield, and Richmond, to Franklin ;

From Hyrom to Paradise ; .

From Ogden City to Plain City;

From Ogdan (Sty to Huntsville;

From Great Salt Lake Cifc f 9 via Jordan, to Herriman ;

From Rockville to Springdale ;

From Salt Creek, via Poole,* Rounds, and Holden, to Fillmore ;
From Sprigville, via Spanish Fork, Canon Fairview, Mount Pleasant,
Springtown, Ephraim, and Manti, to Gunnison ;
From Mount Pleasant to Moroni ;
From Fountain to Wales ;

From Cedar City, via Pinto, Pine Valley, Alger, Banney, and Dia-
mond, to Saint George ;

From Beaver to Minersville ;
From Fillmore City to Deseret;
From Gunnison to Chicken Creek ;

From Great Salt lake City, via Mountain, Weber, Morgan, Porter,
Corydon, Heuneffer, Coalville, Hoytville, Wauship, Peoa, Kansas, Heber,
Mound, Midway, and Charleston, to Provo City.

Approved, June SO, 1864

Jmte80,t88^ Chap. GLXXYl— An Act to amend the Charter of the Washington and Georgetown

Railroad Company.

Be it enacted hj the Senate and House of Representatives of the United
Washington, States of America in Congress assembled, That the Washington and
&cm railroad Georgetown railroad company shall have the right to extend their horse rail-
e^nTtbetr^ W on any public highway in tbe county of Washington, commencing at
road. the present terminus of either of their roads, extending north from Sev-

enth and Fourteenth streets, and from the Capitol square to Maryland
Avenue ; and extending north from the eastern extremity of that avenue,
first having obtained the consent of the levy court therefor ; and may
charge additional fare of five cents for every three miles on each branch
Additional fere. ^ extended, for each and every passenger conveyed upon any road con-
structed in said county of Washington, outside of the limits of the cities
of Washington and Georgetown : Provided^ That nothing herein contained
shall be construed so as to prevent congress from regulating the fare on
either of said roads, or altering or amending the original charter of said
company, or this amendment thereto, according to the provisions of said
original charter.
Approved, June 80, 1864.

THIRTY-EIGHTH CONGRESS. «ess- L Ch. 177, 178, 179. 1864> 823

Chap. CUXXVU. — An Act to aid in the Settlement, Subsistence, and Support of the Jane 80, 1864,
Navajoe Indian Captives upon a Reservation in the Territory of New Mexico.

Be it enacted by the Senate and House of Bepresentatives of the United
States of America in Congress assembled. That there be, and hereby is, . Ag^prMoa
appropriated, oat of any moneys in the treasury not otherwise appropri- ^av^joe Indians,
ated, to be expended under the direction of the Secretary of the Interior,
for the purpose of settling the Navajoe Indians, now captives in New Mex-
ico, upon a reservation upon the Pecos River, in New Mexico, for the pur-
chase of agricultural implements, seeds, and other articles necessary for
such purpose; for breaking the ground, and for subsistence of said Indians
to the end of the next fiscal year, the sum of one hundred thousand dollars*
4 Sec* 2. And be it further enacted, That the said reservation may, tin- Beaemtion
der the direction of the Secretary of the Interior, be so extended and *™yt* extended,
enlarged on the south, as to include* the entire valley of the Pecos River,
known as the Bosque* Grande, and that the whole of said reservation, so
enlarged, shall be designated and known as the Navajoe and Apache res •
ervation, and as such shall, until otherwise' ordered by law, be exempt
from sale, and free from all occupancy except by the said Indians for the
purposes herein mentioned ; excepting such portion of the said land as is
now occupied by Fort Sumner, or as may be needed for the use of said
post

Sec. 8. And be it Jurther enacted, That the southern Apache agency Southern
of New Mexico is hereby abolished, and that an agent for the Kioway, ^^heag|nqr
Apache, and Camanche Indians be appointed, at a salary of fifteen hun- ^
dred dollars per annum*

Approved, June 30, 1864

Chap* CLXXVUL — An Act to carry into Efiecta Convention between the United States Jane 30, 1864.

of America and me United States of Colombia* 1

•

Be U enacted by (he Senate and Souse of Representatives of ike United
States of America in Congress assembled. That for the purpose of giving twSttaljnited
effect to a convention signed by the plenipotentiaries of the United States aod Co-
States of America and the United States of Colombia, on the tenth l^i^/*
of February, eighteen hundred and sixty-four, extending and renewing
the provisions of the convention with ,the republic of New Granada, of Vol. xii. p. 985.
tenth September, eighteen hundred and fifty-seven, the first eight sections j^gf 01 ' ch ' 45 ' ^
of the u Act to carry into effect conventions between the United States Vol. xii p. H5.
and the republics of New Granada and Costa Rica,** approved February
twentieth, eighteen hundred and sixty-one, be, and the same are hereby,
renewed, reenacted, and made applicable to the said' convention of tentfc
February, eighteen hundred and sixty-four.

Approved, June 80, 1864.

Gbap. CLX X l?C — An Act authorizing the Secretary of the Navy to appoint a Commit Jane 80, 1804.
0tb» to select a Site fir a Navy Yard or Naval Station on the Western Waters, and — — — *
fir other Purposes*

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the Navy JS^ 10 ^? te
bet, and he hereby is, authorized and empowered to appoint a commission s^^^^ontibe
consisting of one naval officer, one officer of the engineer corps, and one Mississippi*
civilian, to select die most approved site for a navy yard, or naval station,
on the Mississippi River, or upon one of its tributaries, and to report to the
next session of congress.

Affbovbd, June 80, 1864.

824 THIKTY-EIQHIH CONGRESS. Sjbss. X &L 180, 1*1, 182. 1864

June 30, 1864. C&AP. CLXXX. — An Act granting certain Privileges to the" Guardian Society " of the

District of Columbia.

Be it enacted by the 'Smote and Souse of Representatives of Hie United
Use of a certain States of America in Congress assembled. That the use and occupancy of
reservation all that part of reservation numbered seventeen, in the city of Washing*
grant^tothe ton> lying west of Second street east, and east of the easterly line of JSTew
Society." Jersey avenue in said city, be, and die same is hereby, granted for the

period of thirty-three years to the " Guardian Society" of the District of
1862, ob. 125. Columbia, a corporation duly established by act of congress, approved July
Vol xfi. p. 499. grot, eighteen hundred and sixty-two : Provided, That the said premises
shall be used and occupied exclusively for the proper and legitimate purpos-
es and objects of said Guardian Society: And provided, further, That said
Guardian Society shall, within three years from and after the approval of
this act, expend, in the erection of buildings upon said premises, suitable
for a house of industry and a widows' and orphans 9 home, the sum of
twenty thousand dollars, or more, otherwise the said use, as aforesaid, be
forfeited to the United States.
Permanent Sbc. 2. And be it further enacted, That all permanent buildings and
eaSteST 8 * structures upon said premises shall be erected and made in accordance

with plans and specifications approved in writing and subscribed by the
commissioner of public buildings*
^tobea" Sec. 8. And be it further enacted, That the rates of expenses which
rawed in writ-" are, or shall hereafter be, adopted by the said " Guardian Society,** or the
mgr. trustees thereof, for the support and maintenance of the several classes of

1862, ch. 125, peygon^ described in the eleventh section of their said act of incorporation,
Vol. xii. p. 501. shall be approved in writing and subscribed by a majority of the justices

of the supreme court of the District of Columbia.
T^P 68 ^ Sec* 4. And be it further enacted, That all acts and parts of acts incon-
sistent with the provisions of this act are hereby repealed.
Afpboybd, June' 80, 1864

June 80, 1864. Chap. CLXXXL —An Act to authorize the President of the United States to negotiate

untk certain Indians of Middle Oregon fir a Relinquishment of certain Rights secured to
them by Treaty.

Be it enacted by the Senate and Mouse of Representatives of the United
States of Amefioa in Congress assembled, That the President of the United
Authority and States be, and he is hereby, authorized to negotiate with the tribes known
neS^^toX Confederated* Indian Tribes of Middle Oregon, for the relinquish-
TriSlndians of inent of certain rights guaranteed to them by the first article of the treaty
Middle P. 16 ^ ^ made with them April eighteenth, \ eighteen hundred and fifty-nine, by
p * which they are permitted to fish, hunt, gather roots and berries, and pas-
ture stock, in common with citizens of the United States, upon the lands
and territories of the United States outside their reservations, and to
defray the expenses of said treaty, and to pay said Indians for the relin-
quishment of said rights, that the sum of five thousand dollars is hereby
appropriated, out of any money in the treasury not otherwise appropriated,
for that purpose*
Approved, June 80, 1864.

June 80, 1864. Goaf. CLXXXTX — An Act in Relation to the Village of Deposit, Delaware County,
' New York*

Be it enacted bp the Senate and Bouse of Representatives of the UnUea
k VlUage of States of America in Congress assembled 9 . That the village of Deposit,
po^SfuwI^M which is situate partly in the county of Delaware and partly in the county
tobepai^of Dela- of Broome, in the State of New York, shall, for all the purposes of the
ware Conntjr, postal laws and regulations of the United States, and the publication of

the laws of the United States, and notices and other publications, in pur-

THIRTY-EIGHTH CONGRESS. Sess, L Ch. 188, 181. 1864 925

suance of such laws, be regarded as within the [the} county of Dela-
ware aforesaid*
Approved, June 30, 1864.

Chap. CIXKXHL—An Ad relating to the Compensation of Pension Agents. Jnae 80, 1864
Be it enacted by the Senate and House of Representatives of ike United
States of America in Congress assembled, That there shall be paid, over Clerk-tore and
and above the compensation now allowed by law, to every pension agent ^n^geote. 1 ^
disbursing fifty thousand dollars annually, not exceeding five hundred
dollars per annum for clerk-hire, rent of office, and office expenses ; and
to every agent disbursing one hundred thousand dollars annually, not ex-
ceeding seven hundred and fifty dollars per annum ; and for every fifty
thousand dollars additional, not exceeding two hundred and fifty dollars
per annum, for the purposes aforesaid: Provided, That in no case shall Maximum to be
the amount of compensation to any one agent exceed the sum of four 940W *
thousand dollars.
Approved, June 80, 1864.

*

Crap. CLXXX1V. —An Act authorizing a Grant to the State Citlifornia of the Jane 80, 186*.
** Yo-Semite VaUey," and of the Land embracing the " Mariposa Big Tree Grove.'*

Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled, That there shall be, and is The u Yo-
bereby, granted- to the State of California the « Cleft w or « Gorge n in the ^SllS^i-
granite peak of the Sierra Nevada mountains, situated in, the county of fonSaT
Mariposa, in the State aforesaid, and the headwaters of the Merced
River, and known as the To-Semite'ivalley, with its branches or spurs, in
estimated length fifteen miles, and in average width one mile back from
the main edge of the precipice, on each side of the valley, with the stipu- Conditions of
lation, nevertheless, that the said State shall accept this grant upon the 8™°**
express conditions that the premises shall be held for public use, resort,
and recreation ; shall be inalienable for all tune ; but leases not exceeding Leases and fat-
ten years may be granted for portions of said premises* All incomes come tnereftom.
derived from leases of privileges to be expended in the preservation and
improvement of the property, or the roads leading thereto ; the bounda- Boundaries)
ries to be established at the cost of said State by the United States sur- how established*
veyor-general of California, whose official plat, when affirmed by the
commissioner of the general land-office, shall constitute the evidence of
the locus, extent, and limits of the s»id Cleft or Gorge ; the" premises to
be managed by the governor of the State with eight other commissioners,
to be appointed by the executive of California, and who shall receive no
compensation for their services. , ^

Sec. 2. And be it further enacted. That there shall likewise be, and " Mariposa ^
there is hereby, granted to the said State of California the tracts embrao Sfnte^to (Jail-
ing what is known as the a Mariposa Big Tree Grove," not to exceed the fornia.
area of four sections, and to be token in legal sub-divisions of one quarter CwjdWow of
section each, with the like stipulation as expressed in the first section of gran
this act as to the State's acceptance, with like conditions as in the first
section of this act as to inalienability, yet with same lease privilege ; the
income to be expended in preservation, improvement, and protection of
the property ; the premises to be managed by commissioners as stipulated
in the first section of this act, and to be taken in legal sub-divisions as
aforesaid ; and the official plat of the United States surveyor-general,'
when affirmed by the commissioner of the general land-office, to be the
evidence of the locus of the send Mariposa Big Tree Grove*

Appbovep, June 30, 1864

vol. xtr. Pub.—- 28

m THIRTY-EIGHTH CONGRESS. Sess.I Ch. 185, 189, iS64

Jane 80, 1864* Chap. CLXXXV. — An Act authorizing the Issue of Patents fir Locations made with
1 ' Certificates granted wider A uthority of the Act of Congress, approved March seventeenth,
eighteen hundred and sixty4wo, allowing Moats in Satisfaction of Lands sold by the
United States within the Limits of the Las Omegas and La Nana Grants in Louisiana*

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That in the case of all loca-
feaue^certain ** ons ma( * e w **h certificates issued under the act of congress approved
locations. seventeenth March, eighteen hundred and sixty-two, " authorizing floats

to issue in satisfaction of claims against the United States for lands sold
1882, ch. 46. by them within the Las Ormegas and La Nana grants, in the State of
vol. xu. p. sn. j^ uis i ana » | t ghan and may be lawful for the commissioner of the
general land-omce to cause patents to issue for such locations, where the
same may be found bona fide and satisfactory to the said commission
Appkoved, June SO, 1864

July 1, 1864. Chap. CT,X K XIX.— An Act to facilitate Trade on the Bed River of the North.

Be it enacted by the Senate, and House of Representatives of the United
Places for load- States of America in Congress assembled. That the President of the
inf c^row on" United States be, and he is hereby, authorized to designate and establish
thf RedBiUr of such points or places upon the Red River of die North as to him shall seem
tiwNorfctobe expedient for lading and unlading the cargoes of vessels navigating the

said river*
Approved, July 1, 1864.

July 1, 1864- Chap. CXC* — An Act to incorporate the "Metropolitan Railroad Company" in the
iS6*,<fc.m District of Columbia.

Post, p. 586. Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled, That Alexander B. Shepherd,
Ba&o^O^ Richard Wattach, Lewis Clephane, Samuel P. Brown, Nathaniel Wilson,
pan? incorpo- Franklin Tenney, Matthew G. Emery, Samuel Fowler, John Little,
s*fe& J. C. McKelden, Sayles J* Bowen, John H» Semmes, D. G. Forney, Wil-

liam W. Rapley, William G. Moore, Thomas Lewis, John B. Keasbey,
and Charles H. Nichols, and their associates and assigns, be, and they
are hereby, created a body corporate, under the name of the u Metro-
politan Railroad Company," with authority to construct an<t lay down
a double-track railway, with the necessary switches and turnouts, in the
city of Washington, in the District of Columbia, through and along the
Route of road, following avenues and streets: Commencing at the junction of A street
north and New Jersey avenue, at the 'north side of the capitol; along
the east side of New Jersey avenue to D street north ; along D street
north, and along C street north and Indiana avenue to the intersection
of D street north with Indiana avenue ; along Indiana avenue, D street
north, and Lousiana avenue to Fifth street west; along Fifth street
west to F street north ; along F street north to Fourteenth street west ;
along Fourteenth street west to I street north; along I street north,
across Pennsylvania avenue, to the junction of New Hampshire av-
enue, and Twenty-third street west; thence along New Hampshire
avenue to the Circle. Also, a double or single track branch railway,
commencing at the intersection of D street north and New Jersey av-
enue ; along Newversey avenue to Massachusetts avenue ; along Mas-
sachusetts avenue to H street north ; and along H street north to Seven*
teenth street west, intersecting the double-track road. Also, a double or
single track road from the intersection of Fifteenth street west and I street
north, connecting with the double-track road at Fifteenth street. west;
along I street north to New York+avenue $ along New York avenue to
Ninth street west; and along Ninth street west to the Washington canal;
with the privilege of extending the said branch road at any time along

THIBTY-EIGHTH CONGRESS- Sbss. I. Ch. 190. 18S4

327

Ninth street west to M street north, along M street north to Twelfth
street west, and along Twelfth street west to the. Washington canal and
Maryland avenue to the Potomac River, with the right to run public car-
riages thereon drawn by horse power, receiving therefor a rate of fare Motive power*
not exceeding five cents a passenger, for any distance between the termini
of either of the said main railway, or between the termini of either of
said. branch railways, or between either terminus of said main railway
and the terminus of either of said branch railways : Provided, That the Proviso,
use and maintenance ©*" the said road shall be subject to the municipal
regulations of the city of Washington within its corporate limits*

Sec. 2. And be it further enacted, That said xoad[s] shall be deemed Koads to be
real estate, and they, together with other real property and personal prop- ^Ji^^^n.
erty of said body corporate, shall be liable to taxation, as other.real estate
and personal property, and to license for their vehicles or cars in the
cities aforesaid, except as hereinafter provided ; and that all other corpo-
rations in the District of Columbia, heretofore organized for like purposes,
shall be subject to pay license as provided in this section.

Sec. 3. And be it further enacted, That the said railway shall be laid T ^r^*^ a
in the centre of the avenues and streets (excepting New Jersey avenue, cen
and there it shall be laid as hereinbefore provided for,) as near as may
be, without interfering with or passing over the water or gas pipes, in the
most approved manner adapted for street railways, with rails of the most
approved patterns, to be determined by the Secretary of the Interior,
laid upon an even surface with the pavement of the streets; and the
space between the two tracks shall not be less than four feet, nor more
than six feet ;" and the carriages shall not be less than six.feet in width,
the gauge to correspond with that 6f the Baltimore and Ohio railroad.

Sec. 4. And be it further enacted, That the said corporation hereby Corporation to
created shall be bound to keep said tracks, and for the space of two feet J«*g ^^tJSi
beyond the outer rail thereof, and also the space between the tracks, at E^pahf 8 ^*^
all times well paved and in good order, without expense to the United
States or to the city of Washington.

Sec. 5. And be it further enacted, That nothing in this act shall pre-
vent the government at any time, at their option, from altering the grade Grade of streets
or otherwise improving all avenues and streets occupied by said roads, or ^ **tered*
the city of Washington from so altering or improving such streets and
avenues, and the sewerage thereof, as may be under their respective au-
thority and control ; and in such event it shall be the duty of said company
to change their said railroad so as to conform to such grade and pavement.

Sec. 6. And be it further enacted, That this act may at any time be i Act may be
altered, amended, or repealed by the congress of the United States. altered, &c*

Sbo. 7. And be it further enacted. That nothing in this act shall be Corpotatfoa
so construed as to authorize said body corporate to issue any nojte, token, L cSrSy.
device, scrip, or other evidence of debt to be used as a currency.

Sbo. 8* And be it further enacted, That the capital stock of $aid com- Capital stock,
pany shall be not less than two, nor more than five, hundred thousand dol-
lars, and that the stock shall be divided into shares of fifty dollars each, Shares,
and shall be deemed personal property transferable in such manner as
the by-laws of said company may direct.

Sbo. 9. And &e it further enacted, That the said company shall place
jfirst-class cars on said railways, with all the modern improvements for caw.
the convenience and comfort of passengers, and shall run cars thereon
during the day as often as every four minutes on the route from the
capitol, via the Baltimore and Ohio railroad depot and departments, to
the Circle ; and on the other routes once in fifteen minutes each way,
and until .twelve o'clock at night as often as every half hour ; and
throughout day and night as much oftener as public convenience may
require.

dec. 10. And be it further enacted, That said company shall procure

I

328 THIRTY-EIGHTH CONGRESS. Sess, 1 Ca* 19a 1864

Passenger- such passenger-rooms, ticket-offices, stables, and depots at such points as
flwms, offices, ^ Cosiness of the railroad and the convenience of the public may re-
quire. And the said company is hereby authorized to lay such rails
through transverse or other streets as may be necessary for the exclusive
purpose of connecting the said stables and depots with the main tracks*
And the said company is hereby authorized to purchase or lease such
lands or buildings as may be necessary for the passenger-rooms, ticket-
offices, stables, and depots above mentioned*
Articles of value Sec. 11* And be it further enacted. That all articles of value that
carea fto* 8 10 may be inadvertently left in any of the cars or other vehicles of the said

company shall be taken to their principal depot, and entered in a book of
record of unclaimed goods, which book shall be open to the inspection of
the public at all reasonable hours of business*

Books of sub- Sec. 12* And be it further enacted, That within five days after the
sa^&»a to be passage of this act the corporators named in the first section, or a ma-
jority of them, or if any refuse or neglect to act, then a majority of the
remainder, shall cause books of subscription to the capital stock of said
company to be opened and kept open, in some convenient and accessible
place in the city of Washington, from nine o'clock in the forenoon tiQ
five o'clock in the afternoon, for a period to be fixed by said corporators,
not less than two days, unless the whole stock shall be sooner subscribed
for, and said corporators shall give public notice, by advertisement in the
daily papers published in the city of Washington, of the time when and

SttbaMbere to the place where said books shall be opened. And subscribers upon said
oc ^° books to the capital stock of the company shall be held to be stockholders :
Provided, That every subscriber shall pay at the time of subscribing
twenty-five per centum of the amount by him subscribed to the treasurer
appointed by the corporators, or his subscription shall be null and void :
Provided, farther, That nothing shall be received in payment of the
twenty-five per centum at the time of subscribing except money : Pro-
vided, further, That no person shall be allowed to subscribe for more than
fifteen thousand dollars. And when the books of subscription to tfce
capital stock of said company shall be closed, the corporators named in
the first section, or a majority of them, and in case any of them refuse or
neglect to ' act, then a majority of the remainder, shall, within twenty

First meeting, days thereafter, call the first meeting of the stockholders of said company,
to meet within ten days thereafter for the choice of directors, of which
public notice shall be given for five days in two public newspapers pub-
lished daily in the city of Washington, or by written personal notice to
each stockholder by the clerk of the corporationu And in all meetings of
• the stockholders each share shall entitle the holder to one vote, to be
given in person or by proxy*

Sec* IS* And be it further enacted, That the government and direction

Directors. of the affairs of the company shall be vested in the board of directors, seven
in number, who shall be stockholders, and who shall hold their office for
one year, and till others are duly elected and qualified to take their places
as directors. And the said directors (a majority of whom, the president

Quorum being one, shall be a quorum) shall elect one of their number to be pres-
ident of the hoard, who shall also be president of the company; and they

Treasurer. shall also choose a treasurer, who shall give bonds with surety to said
company, in such sum as tne said directors may require, for the faithful

Vacancies. .discharge of his trust* In case of a vacancy in the board of directors T>y
the death, resignation, or otherwise, of any director, the vacancy* occa-
sioned thereby shall be filled by the remaining directors.
Sec. 14* And be it farther enacted, That the directors shall have full

By-laws. power to make and prescribe such by-laws, rules, and regulations ad they
shall deem needful and proper, touching the disposition and management
of the stock, property, estate, and effects of the company, not contrary to
the charter, or to the laws of the United States and the ordinances of

THIRTY-EIGHTS CONGRESS. Sess. L Ch. 190. 1864, 329

the city of Washington : Prodded) That there shall be no regulation ex-
cluding any person from any car on account of color*

Sec* 15. And be it further enacted, That there, shall be an annual Annual meet*
meeting of the stockholders, for choice of directors, to be holden at such in S*
time ana place, under such conditions, and upon such notice, as the said
company in their by-laws^ may prescribe ; and said directors shall anna-
ally make a report m writing of their doings to the stockholders.

Sec* 16* And be it further enacted, That the said company shall have Company to
at all times the free and uninterrupted use of the roadway* And if any Jj^^l^^
person or persons shall wilfully and unnecessarily obstruct or impede Penalty for
the passage on or over said railway, or any part thereof, or shall obstructing cars
injure or destroy the cars, depot stations, or any property belonging to
said railway company, the person or persons so offending shall forfeit and
pay for every such offence the sum of five dollars to said company, to be
recovered and disposed of as other fines and penalties in said cities; and
shall remain liable, in addition to said penalty, for any loss or damage
occasioned by his, her, or their' act, as aforesaid ; but no suit shall be
brought unless commenced within sixty days after such offence shall have
been committed.

Sec. 17* .And be it further enacted, That unless said corporation shall Road to be
make and complete their said railways between the capitol and Seven- S^SS?ta^
teenth street west within four months after the company shall have been
organized, and the railways on the other routes herein described within [Time extended,
one year after the company shall have been organized, then this act shall P-
be null and void, and no rights whatsoever shall be acquired under it.

Sec. 18* And be it further enacted, That all acts and parts of acts Repealiug
Heretofore passed which are inconsistent with any of the provisions of this claU8e *
act are, for the purposes of this act, hereby repealed, so far as the same
are inconsistent herewith.

Sec* 19. And be it further enacted. That each of the stockholders in Individual
the Metropolitan Railroad Company shall be individually liable for all Jj^jj** of 8tock -
the debts and liabilities of said company to an amount equal to the amount
of stock held by such stockholder*

Sec. 20, And be it further enacted, That the said railroad company Flsgatoitf&and
shall keep in good repair and in clean condition the flagstones or cross- dean 8 *°
walks leading to, upon, and over their tracks at the crossings of the sev*
era! streets which intersect their railroad, removing therefrom snow and
ice, as well as mud, dirt, or other annoyance ; and shall further, whenever
necessary to render such crossings dry and convenient, raise or elevate
the same sufficiently for that purpose; and shall adjust the adjoining
pavement, so as to make it convenient for carriages to pass said cross-
ings*

Sec 21* And be it farther enacted, That for each and every violation Penalty form*
of the foregoing provisions, the said company shall forfeit and pay a sum ^fi?^ 083 *
not less than five dollars, and not more than one hundred dollar?, which -dean?
may be recovered with costs of suit, on complaint of any person aggrieved,
in any court of competent jurisdiction in the District of Columbia, Such
action may be prosecuted in the name of the city of Washington, and
one half of the penalties recovered shall be for the use of the city of
Washington, and the other half for the use of the complainant: Provided, Proviso*
however, That any party complainant shall, before such action, file with
the clerk of the supreme court of the District of Columbia, a bond to be
approved by the clerk of the said court, with at least one surety, to be
approved by said clerk, and in a penalty of one hundred dollars, condi-
tioned that the complainant shall well and truly save harmless and indem-
nify the said city against the payment of all. costs and charges which shall
be recovered against said city by reason of the failure of the complainant
to prosecute or maintain his said complaint

Sec. '22. And be it farther enacted, That the ' said railroad company

28*

4

830 THIBTY-EIGHTH CONGRESS. Sesjs. L Crr. 2,90, 1864

Annual report shall, by the fifteenth day of January, after the completion of said road,
to congress. an d annually on or before that day thereafter, transmit to congress a foil
Contests of re- ^port of the affairs, business, and condition of the said company for the
port* year terminating December thirty-one preceding such report, and such

report shall be signed and sworn to by the president and treasurer of the
company, or by a majority of the directors, and shall specify the follow-
ing items: —
First Capital stock fixed by charter.

Second. Capital stock subscribed and actually paid in, in cash*

Third. Dividends made to stockholders on the capital stock of the
company, and when made.

Fourth. Total capital stock at the termination of the previous year.

Fifth. Funded debt of the company, and in what way secured.

Sixth* Floating debt of the company.

Seventh. Total indebtedness of company exclusive of capital.
Cost of road ; Cost of Boad :

Eighth. Total cost of rails, chains, spikes, and other iron used in con-
struction.

Ninth. Total cost of ties, stringers, and other wood or timber used in
construction.

Tenth. Cost of paving-stone, gravel, and other material used in* con-
struction, not above enumerated.

Eleventh* Cost of labor in the construction of the road.

Twelfth* Cost of engineering and salaries paid to officers an& qg&fts.
of the company, and discount or interest paid on loans.

Thirteenth* Amount expended in repairs of road,
of equipment. Cost of Equipment:

Fourteenth. Number and cost of cars.

Fifteenth. Number of horses or moles used in the service of the road,
and cost.

Sixteenth. Cost of harnesses and other appointments*
Seventeenth. Cost of tools and fixtures, including furniture of offices.
Eighteenth. Cost of real estate and improvements thereon by the
company.

Characteristics. Characteristics .

Nineteenth. Total length of road, measured as single track, inducing
switches and turnouts.

Twentieth. Weight and character of rail.

Twentyrfirst Number of passengers carried daring the year.

Twenty-second* Average number of passengers per trip.
Income* Income of Boad :

Twenty-third. Total receipts from passengers.

Twenty-fourth, Total receipts from other sources, and what sources*
Expenses of Operation and Maintenance of Boad :

Twenty-fifth. Amount of salaries paid to officers of the company.

Twenty-sixth. Amount paid to employees, with the number each of
clerks, conductors, drivers, station-keepers, and laborers.

Twenty-seventh. Amount paid for taxes of all kinds, and insurance.

Twenty-eighth* Amount paid for reconstruction of, and repairs to, track,
turnouts, and other structures.
Miscellaneons* • Miscellaneous : .

Twenty-ninth* Amount of dividends paid during the preceding year,
in cash, and dividends in stock to stockholders, andf per centage of
each.

Thirtieth. Increase of capital stock, if any, during the year.

Thirty-first Number of persons killed, or seriously injured, on the road
daring the previous year, and the causes thereof*

Sec. 28. And be it further enacted, That it shall be the duty of said
company, when said road is completed, to have prepared tickets for pass-

V

rmRTY-EIGHTH CONGRESS- Sbss.1. Cbu 191, 102. 1864

331

age on their cars, and to keep them at their office for sale by the package ^ J!^ 68
of twenty-five, or over, at the rate of twenty-five for the dollar.
Approved, July 1, 1864

Chap. CXCL — An Ad to incorporate fhe Potomac Ferry Company. July 1,1864.

Be U enacted by the Senate and Souse of Representatives of the United
States of America in Congress assembled, That Henry D. Cooke, John B. Potomac feny
Hutchinson, H. G Fahnestock, Thomas Clyde, and William B. Hatch, **—
and their associates and successors, or a majority of them, are hereby
created and constituted a body politic and corporate by the name and
style of the Potomac Ferry Company.

Sec. 2. And be it further enacted. That the capital stock of said com- Capital stock
pany shall not be less than one hundred thousand dollars, nor more than Bhar * 8,
five hundred thousand dollars, to be divided into shares of one hundred
dollars each.

Sec. B. And be it further enacted. That said company is authorized , Ltoe ^w^ 8
and empowered to establish and run a line or lines of vessels, propelled wto^^a.
by steam or other power, between the cities of Alexandria and Wash- Alexandria,
ington, and other ports in the State of Virginia, on the Potomac River,
Chesapeake Bay, or the tributaries of the same.

Sec. 4 And be it further enacted, That said company is also author- IWets and
ized to purchase, hold, and grant such real estate as may be necessary p eg88 * <
to carry into effect the purposes of this act, and to build all necessary
docks, wharves, -and buildings thereon for their own use ; may transport
passengers and freight of every description, subject to the rules and regu-
lations and laws of the United States ; may bue and be sued ; may have a
common seal, and generally may have and possess the rights and privileges
usually possessed by similar corporations.

Sec. 5* And be it further enacted, That the affairs of said company Directors and
shall be managed by such officers as the stockholders in general meeting officers *
shall elect, and such agents as may be appointed by the board of direc-
tors. The persons named in the first section of this act, or a majority of
them, may call a meeting of the stockholders for the purpose of organizing First meeting,
said company, at such time and place as they may determine upon, after
advertising the time and place of such meeting for ten days, in one or
more newspapers published in the city of Washington. The officers of
said company once elected shall hold their offices until their successors
are chosen.

Sec. 6. And be it further enacted, That the said board of directors By-lawa.
may make all necessary rules and by-laws for the transfer of the stock
and the general management of the business of said company ; and each
stockholder in said company shall be individually liable for all claims
against the same at the time such claims accrue.

Sec. 7. And be it further enacted, That this act shall be enforced from Act, when to be
the passage thereof. inforoe.

Sec. 8. And be it further enctcted, That congress may at any time Act may be
hereafter alter, amend, or repeal this act altered or re-

Appboved, July 1, 1864 P ealed -

Chap. CXCH — An Act authorizing the Levy Court of Washington County, in the Dis- July 1, 1864.

triet of Columbia, to hoy and coUect Us Portion of the Direct Tax imposed by the Act —

of Congress of August five, eighteen hundred and sixty-one.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the levy court of Wash- I^yy court
Ington County, in the District^ of Columbia, is hereby authorized and ccSecttne^rect
empowered to levy and- collect, in the same; manner as other county taxes
in said county of Washington are levied and collected, a sum sufficient to

832 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 193, 194. 1864.

pay the county's proportion of * the direct tax imposed on the District of
1881, ch. 45. Columbia by the act of congress approved August five, eighteen hundred
VaU xli. p. 292. ati & sixty-one, and the expense and cost of collecting the same, and that

the aggregate of said direct tax imposed by the act aforesaid shall be dis
tributed and apportioned between the cities of Washington and George
town, and that part of said county of Washington lying outside the limits
of said cities, according to the assessed valuation of properly made in
the jurisdiction of each by the assessment last prior to the date of the
passage of said act of August five, eighteen hundred and sixty-one.
Approved, July 1, 1864.

Jtily 1,1864 Chap. CXCIH. — An Act to autltprize the Corporation of Washington to levy and col-
led the Direct Tax imposed by Act approved August five, eighteen hundred and sixty-one*

Be it enacted by the Senate and House ofRepresentaUves of the United
States of America in Congress assembled. That the corporation of the city
City of Wash- of Washington be, and they are hereby, authorized to assess and collect a
fog* 00 "gT tax not exceed g Hie rate of fifteen cents on every one hundred dollars
topay thel&ect °? tne vam $ °f *H real and personal property in said city, and on any and
tax. all other subjects of taxation as made and returned by the board of assess-

ors of said city, to enable the said corporation to pay to the government
1881, ch* 46. of the United States the tax imposed by act approved August five, eigb-
V pw> X * i * ^ teen hundred and sixty-one : Provided, That any surplus that may accrue •
V181W from the imposition of the tax as herein provided shall be deposited and
applied to the use of the general fund of the said city of Washington* •
Approved, July 1, 1,864.

July 1, 1864. Chap. CXCIV. — An Act to expedite the Settlement of Titles to Lands in the State of
■ ■ 11 California*

Be it enacted by the Senate and House of Representatives of tile United
Skates of America in Congress assembled, That whenever the surveyor-
When plats are general of California shall* in compliance with the thirteenth section of
u^<4a£^* m act entitled " An act to ascertain and settle the private land claims in
California, notice the State of California/* approved March third, eighteen hundred and
to be given, and fifty-one, have caused any private land claim to be surveyed and a plat

SeTSto&pec- t0 1)6 m ** 6 thereo *> he 8nau * give notice that the same has been done by a
tioB. publication, once a week for four consecutive weeks, in two newspapers,

irt saa. one P UDU> shed in the city of San Francisco, and one published near the
land surveyed ; and* shall retain in his office, for public inspection, the

survey and plat until ninety days from the date of the first publication in
San Francisco shall have expired ; and if no objections are made to said
Copies to be survey, he* shall approve the same, and transmit .a copy of the survey and
serttoWaahing- fa ereo f to the commissioner of the general land-office at Wash-
ington, for his examination and approval ; but if objections are made to
said survey within the said ninety days, by any party claiming to have
an interest in the tract embraced by the survey, or in any part thereof,
such objections -shall be reduced to writing, stating distinctly the interest of
the objector, and signed by him or his attorney, and filed with the surveyor-
general, together with such affidavits or other proofs as he may produce in
support of the objections* At the expiration of said ninety days the sur-
veyor-general shall transmit to the conimissioner of the general land- «
office at Washington a copy of the survey £nd plat, and*' objections, and
proofs filed with him in support of the objections, and also of any proofs-
produced by the claimant and filed* with him in support of the survey,
Approval or together with his opinion thereon ; and if the survey and plat are ap»
disapproval of proved by the said commissioner he shall indorse thereon a certificate of
J^emfSu his approval. If disapproved by him, or if, in his opinion r the ends of jus-
office, tice would be subserved thereby, he may require a further report from the

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 194 1864.

not

surveyor-general of California, touching the matters indicated by him, or
proofs to be taken thereon, or may direct a new survey and plat to be
made* . Whenever the objections are disposed of, or the survey and plat
are corrected, or a new survey and plat are made In conformity with his
directions, he shall indorse upon the survey and plat adopted his certifi-
cate of approval* After the survey and plat have been, as hereinbefore
provided, approved by the commissioner of the general land-office, it
shall be the duty of the said commissioner to cause a patent to issue to Patents when
the claimant as soon as practicable after such approval *° ******

Sec. 2. And be it further enacted, That the provisions of the preced- These provfe-
ing section shall apply to all surveys and plats by the surveyor-general of io«n» a^^We
California heretofore made, which have not already been approved by J™^^ 8 "
one of the district courts of the United States for 'California, or by the
commissioner of die general land-office: Provided, That where pro- Proviso,
ceedittgs for the correction or affirmation of a survey are pending on the
passage of this act in one of the said district courts, it shall be lawful for
such district court to proceed and complete its examination and determi-
nation of the matter, and its decree thereon shall be subject to appeal to
the circuit court of the United States for the district in like manner, and
with like effect, as hereafter provided for appeals in other cases to the
circuit court; and such appeals may be in like manner disposed of by
said circuit court.

Sbc. S. And be it further enacted. That where a plat and survey Appeals fiwn
have already been approved or corrected by one of the district courts of decree ofa p»
the United States for California, and an appeal from the decree of ap- ^fi^ffi^ 7
proval or correction has already been taken to the supreme court of the heard in supreme
United States, the said supreme court shall have jurisdiction to hear and court
determine the appeal But where from such decree of approval or cor-
rection no appeal has been taken to the supreme court, no appeal to
that court shall be allowed, but an appeal may be taken, within twelve nuyu t*£enT
months after this act shall take effect, to the circuit court of the United
States for California, and said circuit court 'shall proceed to fully deter-
mine the matter. The said circuit court shall have power to affirm or
reverse or modify the action of the district court, or order the case back
to the surveyor-general for a new survey. When the case is ordered
back for a new survey, the subsequent survey of the surveyor-general Hew surveys*
shall be under the supervision of the commissioner of the general land-
office, and not of the district or circuit court of the United. States.

Sec. 4. And be it further enacted, That whenever the district judge of 1£3 U ^5? of dfo»
any one of the district courts of the United States for California is inter- feasted, case to
ested in any land, the claim to which, under the said act of March third, be transferred to
eighteen hundred and fifty-one, is pending before him, on appeal from the cheuit court,
board of commissioners .created by said act, the said district court shall
order the case to be transferred to the circuit court of the United States
for California, which court shall thereupon take jurisdiction and deter-
mine the same. The said district courts may also order a transfer to the other eases
said circuit court of any other cases arising under said act, pending before may be trans-
them, affecting the title to lands within the corporate limits of any city or ferred -
town, and in such cases both the district and circuit judges may sit.

Sec. 5. And be it further enacted, That all the right and title of the Rights of the
United States to the lands within the corporate limits of the city of San Sjjj^ 8 ?* 8 ' to
Francisco, as denned in the act incorporating said city, passed by the leg- Francisco
islature of the State of California, on the fifteenth of April, one thousand quished.
eight hundred and fifty-one, are hereby relinquished and granted to the
said city and its successors, for the uses and purposes specified in the or-
dinances of said city, ratified by an act of the legislature of the said state,
approved on the eleventh of March, eighteen hundred and fifty-eight, en-
titled " An act concerning the city of San Francisco, and to ratify and
confirm certain ordinances of the common council of said city," there

834 THIRTY-EIGHTH CONGRESS. SsssuL Ch. 194, 195. 1864.

Certain lands being excepted from this relinquishment and grant all sites or other par-
devoted topublic eels f lands which have been, or now are, occupied by the United States
11868 excep for military, naval, or other public uses, or such other sites or parcels as

may hereafter be designated by the President of the United States,
within one year after the rendition to the general land-office, by the
surveyor-general, of an approved phttof the exterior limits of San Fran-
cisco, as recognized in tins section, in connection with the lines of the
Relinquish- public surveys : And provided, That the relinquishment and grant by this
™?°' no 3 t ?^ ect act shall in no manner interfere with or prejudice^ any bona fide claims
private rights. of other8j wbetber MBerted adversely under rights derived from Spain,

Mexico, or the laws of the United States, nor preclude a judicial exami-
nation and adjustment thereof*

Sec* 6* And be U farther enacted, That it shall be the duty of the •
Confcrmedjpri- surveyor-general of California to cause all the private land claims finally
to^su^eve^ 8 confirmed to be accurately surveyed and plats thereof to be made, wheo-
Proviso. ever requested by the claimants : Provided, That each claimant request-
ing a survey and plat shall first deposit in the district court of the district
within which the land is situated a sufficient sum of money to pay the
expenses of such survey and plat, said of the publication required by Hie
first section of this act. Whenever the survey and plat requested shall
have been completed and forwarded to the commissioner of the general
land-office, as required by this act, the district court may direct the ap-
plication of the money deposited, or so much thereof as may be necessary,
to the payment of the expenses of said survey and publication*

Sec 7. And be it further enacted, That it shall be the duty of the
Surveys to surveyor-general of (Mfornia, in making surveys of the private land
follow decree. claims finally confirmed, to follow the decree,of confirmation as closely as

practicable* whenever such decree designates the specific boundaries of the
claim. But when such decree designates only the out-boundaries within
which the quantity confirmed is to be taken, the location of such quantity
shall be made, as near as practicable, in one tract and in a compact form*
And if the character of the land, or intervening grants, be such as to ren-
Separate loca- der the location impracticable in one tract, then each separate location
t* *** shall .be made, as near as practicable, in a compact form* And it shall be

the duly of the commissioner of the general land-office to require a
substantial compliance with the directions of this- section before approving
any survey and plat forwarded to him.
Repeal of act Sac. 8* And be it farther enacted, That the act entitled "An act to
^otxitp. 1 ^! amenc * an entitled < An act to define and regulate the jurisdiction of

the district courts of *the United States in California, in regard to the sur-
vey and location of confirmed private land claims/ " approved June four-
teen, eighteen hundred and sixty, and all provisions of law inconsistent
with this ac£ are hereby repealed*
Approved, July 1, 1864*

July J, 1864, Chap. (ZXLCV.—AnActjbrdteSdetfaLrtofLand in Iowa, in the fat Otwxfxrd
- Reservations

Be it enacted by the Senate and Souse of Representatives of As United
A lot of land in States of America in Congress assembled, That it shall and may be lawful
Iowa to be sold* f or the commissioner of the general land-office to cause to be sold, after

public notice, 4 the tract described as lot numbered one, in township ninety*
five north, of range three west of the fifth principal meridian, in the State
of Iowa, situated in what is known as the Fort Crawford military reser-
vation, subject to such minimum price per acre as the said commissioner
. may establish as feir and reasonable, not less than two dollars and fifty
cents per acre ; and in the event of said lot not being disposed of at public
sale, the commissioner is hereby authorized to reoffer the same at public
sale, or after the second offering to dispose of said lot at such minimum as

THIRTY-EIGHTH CONGRESS. Sess.1. Cit 1&6, 197, 1864.

885

he may establish, and for the sale so made a patent shall issue as in ordi-
nary cases.

Sec. 2. And be it further enacted, That if it shall appear that there .Other lots may
are any other lots in said reserve not disposed of by the United States, it *° ld *
shall and may be lawful for die said commissioner to dispose of the same
In the manner provided in the foregoing section.

Approved, July 1, 1864

1 1 %

Chap* CXCVL — An Act to regulate the Ctmtpettsation of Registers and Receivers of Jqly 1,1864.
the Land Offices in the several States and Territories, in the Location of Lands by States '
and Corporations under Grants from Congress,

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That from and after the passage Fees of regis-
of this act, in the location of lands by states and corporations under grants ^\^ Q ^^^ n
from congress for railroads and other purposes, (except for agricultural
colleges,) the registers and receivers of the land-offices of the several
states and territories, in the districts where such lands may be located, for
their services therein, shall be entitled to receive a fee of one dollar for
each final location of one hundred and sixty acres, to be paid by the state
or corporation making such location, the same to be accounted for in the
same manner as fees and commissions on warrants and preemption loca-
tions, with limitations as to maximums of salary prescribed by existing
laws, in accordance with such instructions as shaB be given by the com-
missioner of the general land-office.

Sec. 2. And be it farther enacted, That the Burlington and Missouri BqrHngtonand
River railroad company may so far change or modify the location of the SPS 4 ^
uncompleted portion of its line, as shown by the map thereof now on file its foSSon.
in the general land-office of the United States, so as to secure a better
and more expeditious route to the terminus of said line on the Missouri
River, said new line to be located within the limits of the land grant made
by the United States to aid in its construction ; and said change shall not
impair the right to, nor change the location of, their present land grant.
A map of the change shall be filed with the commissioner of the general Post, pp. 638, 578.
land-office within one year after the passage of this act .

Appkoved, July 1, 1864

Chap. CXC VH. —An Act to establish Salaries for Postmasters, and for other Purposes. Jply 1, 1864,

Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled, That the annual compensation Postmasters to
of postmasters shall be at a fixed salary, in lieu of commissions, to be be ^^ t J^^
divided into five classes, exclusive of the postmaster of the city of New &c classes »
York* Postmasters of the first class shall receive not more than four salary of those
thousand dollars, nor less than three thousand dollars; postmasters of of 1st class;
the second class shall receive less than three thousand dollars and not . of 2d class;
less than two thousand dollars ; postmasters of the third class shall receive of ad class;
foss than two thousand dollars and not less* than one thousand dollars ;
postmasters of the fourth class shall receive less than one thousand dollars of 4th class;
and not less than one hundred dollars; postmasters of the fifth class shall of 5th class,
receive less than one hundred dollars. The compensation of the post-
master ot New York shall be six thousand dollars per annum, to take Postmaster of
effect on the first day of July, eighteen hundred and sixty-four ; and the New Tork>
compensation of postmasters of the several classes aforesaid shall be estab-
lished by the Postmaster-General under the rules hereinafter provided.
Whenever the compensation of postmasters of the several offices, (except What offices
the office of New York,) for the two consecutive years next preceding the ^ rated M
first day of July, eighteen hundred and sixty-four, shall have amounted
to an average annual sum not less than three thousand dollars, such offices

886 THIETY-EKjrHTH CONGRESS. Sess. I. Ca. 197. 1864

What offices to shall be assigned, to the first class ; whenever it shall have amounted to
berated as 3d i ess than fKree thousand dollars, hut. not less than two thousand dollars,
' such offices shall be assigned to the second class ; whenever it shall have

amounted to Jess than two thousand dollars, but not less than pne thousand

3d class; dollars, such offices shall be assigned to the third class ; whenever it shall
have amounted to less than one thousand dollars, but not less than one

4th class j hundred dollars, such offices shall be assigned to the fourth. class ; and
whenever it shall have amounted to less than one hundred dollars, such

m cIass - offices shall be assigned to' the fifth class. To offices of the first, second,*

Salaries of and third classes shall be severally assigned salaries, hi even hundreds
several classes. f dollars, 4 as nearly as practicable in amount the same as, but not ex-
ceeding, the. average compensation of the postmasters thereof for the two
years nest preceding ;. and to offices of the fourth class shall be assigned
severally salaries, in even tens of dollars, as nearly as practicable in
amount the same as, but not exceeding, such average compensation for the
two years next preceding ; and to offices of the fifth class shall be sever-
ally assigned salaries, in even dollars, as nearly as practicable in amount
the same as, but not exceeding, such average compensation for the two

inmates of years next preceding. Wherever return? showing the average of annual*
certaiE offices, cpmpensation of postmasters. Ibr the two years next preceding the first day

of July, eighteen hundred and sixty-four, shall not have been received at
the Post-Office Department at the time of adjustment, the same may be
estimated by the Postmaster-General for the purpose of adjusting the sal-
aries of postmasters herein provided for. And it shall be the duty of the
auditor of the treasury for tire Post-Office Department, to obtain from post*
masters their quarterly accounts with the vouchers necessary to a correct
adjustment thereof, and to report to the Postmaster-General all failures of
postmasters to render such returns within a proper period after the close
of each quarter.

Sec. 2* And be it further enacted, That the Postmaster-General shall
Salaries to be review once in two years, and in special cases, upon satisfactory represen*
rea^nsi^ every, jetton, as much oftener as he may deem expedient, and readjust, on the

basis of the preceding section, the, salary assigned by him "to any office ;
but any change made in such salary shall not take effect until the first day
of the quarter next following such order, and all orders made assigning or
changing salaries 'shall be made ,in writing and recorded in his journal,
and notified to the auditor for the Post-Office Department.
Salaries, when Sso. 3. And be further enacted, ^That salaries of the first, second)
to take effect and third classes shall be adjusted to take effect on the first day of July,

eighteen hundred and sixty-four, and of the fourth and fifth classes at the
same time, or at the commencement of a quarter as early as practicable
thereafter.

Salaries at Sec. 4 . And be it farther enacted, That, at offices which have not been
Ifched two established for two years prior to the first day of July, eighteen hundred
years. and sixty-four, the sajary may be adjusted upon a satisfactory return by

the postmaster of the receipts, expenditures, and business of his office :
Proviso. Provided, That fifty per centum of the gross revenue of such office shall
be, in .all cases, the largest amount allowed to such postmasters for their
salaries, respectively, except hi cases where it shall be a separating or dls*
tributing office, as provided for in the sixth section of this act

Sso. 5. And be it further enacted. That at the post-office of New York
Allowance for and offices of the first and second classes, the Postmaster- General shall
o^ce-rent, clerks, allow to the postmaster a just and reasonable sum for the necessary cost*

in whole or in -part, of rent, fuel, lights,, and clerks, to be adjusted upon, a
satisfactory exhibit of the facts* And at offices of the third, fourth, and
1868, ck 89, §8. fifth classes, such expenses shall be paid by the postmaster, except as in
Post, p. 605. the s i x th section provided ; it being intended that such allowances shall
be made in acjobrdance with existing usages.
Sbo. 6. And be it farther enacted, That the Postmaster-General may

i

THIRTY-EIGHTH CONGRESS* Sess. L Ch. 197. 1864

837

designate certain convenient offices, at the intersection of mail routes, as
distributing offices, and certain others as separating offices; and where Distributing
any each office is of the third, fourth, or fifth class of post-offices, he may offices »
make a reasonable allowance to such postmaster for the necessary cost, in
whole or in part, of clerical services arising from such duties*
, Sec. 7. And be it further enacted. That all postages and box-rents at Postages and
post-offices, and all other receipts and emoluments at a post-office, shall be ™j 32£a
received and accounted for as a part of the postal revenues ; and any part revenues,
thereof which the postmaster ought to have collected, but has neglected to
collect, shall be charged against him in his account, and he shall be liable
therefor in the same manner as if the same had been collected ; and he shall
receive no fees or perquisites beyond his salary.

Sec. 8. And ie it further enacted, That the uniform rate of United Bates of foreign
States postage, without reference to distance, upon letters and other mail- P 08ta S^
able matter addressed to, or received from, foreign countries, when for-
warded from, or received in, the United States by steamships or other ves-
sels regularly employed in the transportation of the mails, shall be' as
follows, viz : ten cents per single rate of half an ounce or under, on let-
ters ; two cents each on newspapers ; and the established- domestic rates
on pamphlets, periodicals, and other articles of printed matter; which
postage shall be prepaid on matter sent, and collected on matter received s
Provided, always. That these v rates shall 'not apply to letters or other Proviso,
mailable matter, addressed to, or received from, any foreign place or coun-
try, to and from which different rates of postage have been, or Shall be, es-
tablished by international postal convention or arrangement already con-
cluded or hereafter to be made*

Sec. 9. And be it further enacted, That the Postmaster-General is Postage-stamps
authorized to sell, or cause to be sold, to individuals, corporations, and be sold at
business firms, postage-stamps, in quantities of not less than one hundred d * 00a * t
dollars in value, at a discount not exceeding five per centum from the face
value of such stamps, and to sell, or cause to be sold, stamped envelopes, Stamped eavel-
in packages containing not less than five hundred envelopes, at a discount opes *
not exceeding five per centum from the current prices thereof when sold
in less quantities.

Sec. 10. And be it further enacted, That the twenty-eighth section of Amendment of
the act entitled "An act to amend the laws relating to the Post-Office 8C cbfn| 4 28,
Department," approved March three, eighteen hundred and sixty-three, Voi. xii. p. 706.
be, and the same is hereby, amended by the addition of the following
clause, namely : And when any letter bearing a request for Its return to *£^f? 1 ?I
the writer, in case of its non-delivery, shall have been so returned to the turned to V
office at which it was originally mailed, then, and in that case, it shall be ceived, and post-
obligatory upon the person to whom such letter has been returned, to re- age paid *
ceive the same, and to pay therefor the postage specified by this section ;
and in default of said writer to receive and pay for the letter so returned,
he shall be subject to a penalty of ten dollars, to be recovered in any Penalty. -
court of competent jurisdiction.

Sec. 11. And be it farther enacted, That if any person, not authorized Penalty for
by the Postmaster-General, shall set up or profess to keep any office, or j*!*??*
any place of business bearing the sign, name, or title of post-office, every office"* P ° 8 ^
such person shall forfeit and pay the sum of five hundred dollars for
every such offence.

Sbo. 12* And be it farther enacted, That if any person employed in for unlawfully
any of the departments of the post-office establishment shall unlawfully de ^ in ? ft ?L»
detain, delay, or open, any 1 iter, packet, bag, or mail of letters, with s letter8 » *
which he shall be intrusted, ox which shall have come to his possession,
and which are intended to be onveyed by post, or to be carried or de-
livered by any mail-carrier, mail-messenger, letter-carrier, route-agent,
or other person employed in any of the departments of the post-office
establishment of the United* States, or to be forwarded or delivered

vol. xui. Pub. — 29

888 THIRTY-EIGHTH CONGRESS. Bess* L Ch. 197. 1864.

Penally for
secreting or
destroying letters
not containing
valuables;

containing'
valuables;

for taking
valuables but of
letters, &c.;

upon mail-
ciirner for desert-
ing mails.

through or from any post-office or branch-post office established by au-
thority of the Postmaster-General of the United States ; [or] if any such
person shall secrete, embezzle, or destroy, any letter or packet intrusted
to such person as aforesaid, and which shall not contain any security for,
or assurance relating to, money, as hereinafter described, every such
offender, being thereof duly convicted, shall, for every such offence, be
fined not less than three hundred dollars, or imprisoned not less than six
months, or both, according to the circumstances and aggravations of the
offence. And if any person employed as aforesaid shall secrete, em-
bezzle, or destroy any letter, packet, bag, or mail of tetters, with which
he or she shall be intrusted, or which shall have come to his or her pos-
session, and are intended to be conveyed by post, or to be carried or de-
livered by any mail-carrier, mail-messenger, letter-carrier, route-agent,
or other person employed in any of the departments of the post-office
establishment of the United States, or to be forwarded or delivered
through or from any post-office or branch - postroffice established by au-
thority of the Postmaster-General of the United States, such letter, packet,
bag, or mail of letters, containing any note, bond, draft, check, revenue
stamp, postage-siatirp, money order, certificate of stock, or other pecuniary
obligation, or government security of any description whatever, issued,
or that may hereafter be issued, by the United States, or by any officer
or fiscal agent thereof, any bank note or- bank post bill, bill of exchange,
warrant of the treasury of the United States, note of assignment of stock
in the funds, letters of attorney for receiving annuities or dividends, or
for selling stock in the funds, or for receiving tKe interest thereof, or any
letter of credit, or note for, or relating to, payment of moneys, or any
bond, or warrant, draft, bill, or promissory note, covenant, contract, or
agreement, whatsoever, for, or relating to, the payment of money, or the
delivery of any article of value, or the performance of any act, matter,
or thing, or any receipt, release, acquittance, or discharge of, or from, any
debt, covenant, or demand, or any part thereof, or any copy of any record
of any judgment, or decree, in any court of law, or chancery, or any
execution which may have issued thereon, or any copy of any other
record, or any other article of value, or any writing representing the
same; or if any such person, employed as aforesaid, shall steal, or take,
any of the same out of any letter, packet, bag, or mail of letters, that
shall, come to his or her possession, whether such letter or packet, bag, or
mail of letters, shall- have come or been placed in his or her possession
to be forwarded or delivered in the regular course of his or her official
duties, or shall have come or been placed in N his or her possession in any
other manner, and provided that such letter or packet, bag or mail of
letters, shall not have been delivered to the person or persons to whom it
is directed, such- person shall, on conviction for any such offence, be im-
prisoned not less than ten years, nor exceeding twenty-one years ; and
the fact that any such letter or packet, bag or mail of letters, shall have
been deposited in any post-office or branch post-office established by
authority of the Postmaster-General of the United States, or in any other
authorized depository of mail letters, or in charge of any postmaster,
assistant postmaster, clerk, carrier, agent, or messenger employed in the
post-office establishment of the United States, shall be taken and held as
evidence that the same was " intended to be conveyed by post * within
the meaning of this statute ; and if any person who shall have taken charge
of the mails of the United State! shall voluntarily quit or desert the same
before such person delivers it into the post-office kept at the termination
of the route, or some ]known mail-carrier, or agent of the general post-
office, authorized to receive the same, every such person, so offending,
shall forfeit and pay a sum not exceeding five hundred dollars, for every
such offence ; and if any person concerned in carrying the mail of the
United States shall collect, receive, or carry any letter, or packet* or shall

THIRTY-EIGHTH CONGRESS. Sess. I. Ch. ^7, 198. 1864

889

cause or procure the same to be done, contrary to this act, every such i825,ch. 64, § 21,
offender shall forfeit and pay, for every such offence, a sum not exceeding Vol iv. p. 107.
fifty dollars. — Section twenty-one, Act of March three, eighteen hundred
and twenty-five.

Sec, IB. And be it further enacted, That dead letters containing valua- Bead letters
ble enclosures shall be registered in the department ; and when it appears endosm^fc^
that they can neither be delivered to their address nor to the writers, the
contents thereof, so far as available, shall be used to promote the effi-
ciency of the dead-letter office, according to the provisions of the qeventh
section of act approved February twenty-seventh, eighteen hundred and tt#l> 57 i $ ft 7 -
sixty-one, entitled « An act to establish certain post routes;* and the
amount thereof shall be shown in the annual report, and shall be subject
to reclamation by either the party addressed or by the sender for four
years from registry thereof, careful account being kept of the same. All
other letters deemed of value or of importance to the party addressed,
or to the writer, and which it appears cannot be returned to either desti-
nation, shall be disposed of as the Postmaster-General shall direct. *

Sec. 14. And he it farther enacted, That letter-carriers shall be em- Letter-carriers,
ployed at such post-offices as the Postmaster-General shall direct for
the delivery of letters in the places respectively where such post-offices
are established; and for their services they shall severally receive a
salary to be prescribed by the Postmaster-General, not exceeding eight ^ larie8 *
hundred dollars per year: Provided, That, on satisfactory evidence of
their diligence, fidelity, and experience as carriers, the Postmaster-General
may increase their respective salaries from time to time, to any sum not
exceeding one thousand dollars; and each of the said carriers shall give
bond, with sureties, to be approved by the Postmaster-General, for the safe
custody and delivery of all letters, packets, and moneys received by him.

Sec* 15* And be it further enacted, That all expenses for the letter . J^j^? 8 *
carriers, branch-offices, and receiving-boxes, or incident thereto, shall be ta^bSfie!^
entered and reported in a separate account from the ordinary postal ex- &c., to be entered
penses of such post-office, and shall be shown in comparison with the JJJ^f 1 ** 6
proceeds of the postages on local mail matter at each office, in order that
the Postmaster-General may be guided in the expenditures for that
branch of the postal service by income derived therefrom.

Sec. 16. And be it further enacted, That the eighth, eleventh, four- i^^S. ?M$$»
teenth, seventeenth, and eighteenth sections of the act entitled " An act n, 14, 17, is. '
to amend the laws relating to the Post Office-Department," approved * o1 * >
March three, eighteen hundred and sixty-three, the provisions of which See. ch.
have been modified and incorporated in tins act, be, and the same are ^ p '
hereby, repealed.

Sec. 17. And be it further enacted, That the special agent of the Post- Pay of special
Office Department in the Pacific states and territories shall receive as agent in Pacific

V n ... States, oca

compensation five dollars per diem. ^
Approved, July 1, 1864 * p *

Chap. CXCVUL — An Act making an additional Grant of Lands to the State of JolyM864.
Kansas to aid in the Construction of Railroad and Telegraph Lines.

Be it enacted by {he Senate and Mouse of Representatives of the United
States of America in Congress assembled, That there be, and hereby is,
granted to the State of Kansas, to aid in the construction of a railroad to ^^Mw^r^
and telegraph line from Emporia, via Council Grove, to a point near ma te ie-, .
Fort Riley, on the branch Union Pacific Railroad, in said state, every graphs,
alternate section of land designated by odd numbers for ten sections in
width on each side of said road : Provided, That this grant shall be sub- .Grant subject
ject to all the provisions, restrictions, limitations, and conditions, in regard 00 0D8 *
to selection and location of lands and otherwise, of an act of congress 3883, ch. 98.
approved March three, eighteen hundred and sixty-three, entitled " An Vo1, ^ ** 772 *

840

THIBTY-ELGHTH CONGBESS. Sess.L Csu 198, 199. 1864

changed*

Rafhoad to be act for a grant of lands to the State of Kansas, in alternate sections,
apu emg way, ^ a ^ j n tne construction of certain railroads and telegraphs in said

state " : Provided) That said railroad shall be a public highway and shall
transport troops and munitions of war of the TTnited States free of
charge.

Route of a ce*- Sec. 2* And be it further enacted. That the branch railroad and tel-
teieffiS 0ad and e S ra P* 1 fr° m " Lawrence, by the valley of the Wakarusa River, to a point

on the Atchison, Topeka, and Santa Fee railroad, where said road inter-
sects the Neosho River," to aid in the construction of which a grant of
lands was made by the said act of third of March, eighteen hundred and
sixty-three, shall be so changed as to run from Lawrence to Emporia,
and have and receive the grant of lands made by said act: Provided,
That the line of railroad and telegraph from Leavenworth, by way of
Lawrence and the Ohio City crossing of the Osage River, to the southern
line of the state in the direction of Galveston Pay, shall run via Baldwin
city.

Approved, July 1, 1864

Proviso.

Preamble.

July 1,1864. Chap. CXCDC— An Act to encourage andfactUtate Telegraphic- Communication be*
tween the Eastern and Western Continents. ^

Whebeas the governments of Russia and Great Britain have granted
to Ferry HacDonough Collins, a citizen of the United States, the right
to construct and maintain a line of electric telegraph through their respec-
tive territories, from the mouth of the Amoor River, in Asiatic Russia,
by way of Behring's strait and along the Pacific coast to the northern
boundary of the United States, with a view of thereby uniting the tele-
graphic systems of both continents, and of promoting international and
commercial intercourse ; and whereas, the government of Russia, in fur-
therance of that object, is now constructing a line of telegraph through
its Asiatic territory to unite at the mouth of the Amoor River with the
line projected by said Collins ; and whereas the government of the JJnited
States desires cordially to cooperate with Russia and Great Britain in
the establishment and maintenance of such a line of communication; now,
therefore —

Be it enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That Ferry MacDonough Col-
lins, of California, his associates and assignees, shall have the right to con-
struct and maintain a line or lines of telegraph from any point or points on
the line of the Pacific telegraph, constructed in pursuance of the act of
congress, approved June sixteen, eighteen hundred and sixty, northerly,
through any of the territories of the United States to the boundaries of
British America, with such branch lines as may be needed to open com-
munication with the various mining districts and other settlements in said
territories* And for the purposes aforesaid, the said Collins, his asso-
ciates and assignees, shall have a permanent right of way over any un-
appropriated public lands of the United States, together with the right to
take any timber and stone for construction purposes ; and for the purpose
of establishing and maintaining said lines and the stations necessary for
the repair and working thereof, there is' hereby granted to said parties the
use of so much unappropriated public lands not sold, granted, reserved,
preempted, nor occupied by homestead settlers, as may be necessary for
stations, not exceeding forty acres for edch fifteen miles of line constructed
across the public lands of the United States, so long as the same may be
used for said purpose : Provided, however, that so much of section one of
this act as authorizes the construction of telegraph lines to open commu-
nications with the various mining districts and other settlements in said
territories, shall be null and void, unless said branch-lines shall be com-
pleted within five years from the approval hereof.

Perry MacD.
Collins and asso-
ciates may con-
struct lin^e of
telegraph to
boundaries of
British America.

i860, ch. 137.

Tol. xii. p. 41*

Right of way
over public lands*

Grant of lands
for stations*

Proviso*

THIBTT-EIGHTH CONGRESS. Skss. L Ch. 199, 200. 1864 841

Sec. 2. And be it further enacted. That in order to encourage and aid _ Sec ^I y d gL a
the construction of said line of telegraph beyond the limits of the United aid »

States, the Secretary of die Navy is authorized to detail for the use of laying telegraph,
the surveys and soundings along that portion of the Pacific coast both of
America and Asia, where it is proposed to establish said telegraph, one
steam or sailing vessel, in his discretion, to assist in surveys and sound-
ings,- laying down submerged cable, and in transporting materials con-
nected therewith, and generally afford such assistance as may be deemed
best calculated to secure a successful promotion of the enterprise.

Sec. 3. And be it farther enacted, That the government of the United Governmen <o
States shall, at all times, have priority in the use of the line or lines, so jjjySfi?' 111
far as the same are within its territory, and shall have the right, when
authorized by law, to connect said line or lines by telegraph with any mil-
itary posts of the United States, and to use the same for government pur- security from
poses. And in order to secure the same from injury by savages or other iitfury by
evil-disposed persons, to the interruption of the public business, the Sec- 8avages *
retary of War is authorized to direct the commanders of the military
districts or stations, and other officers, acting under authority of the United
States in the territories traversed by said telegraph, to use any available
force at their command to protect the same* Subject to the right of prior
use by the government, as aforesaid, said line or lines shall be at all times
open to the public and to any other telegraph company upon the payment Lines to lie
of the regular charges for transmission of despatches, and all despatches °P en to P utlia
received shall be transmitted over said line and lines in the order of their
reception at the telegraphic office ; and the answers to said despatches shall
be delivered to such parties as may be directed -by the sender.

Sec* 4. And be it farther enacted, That the better to accomplish the Act may be
object of this act, namely, to promote the public interest and welfare, by
facilitating international and commercial intercourse between the eastern
and western continents in the construction of said telegraph, and keeping
the same in working order, and to secure to the government at all tinves,
but particularly in time of war, the use and benefits of the same for dip-
lomatic, naval, military, postal, commercial, and other purposes, congress
may, at any time, add to, alter, amend, or repeal tins ad

Sec. 5. And be it further enacted, That the rate of charges for public f^S^^^
or private messages shall not exceed on said line the average usual rates messa s es *
in Europe and America for the same service, or such rates as shall be
'ascertained and fixed by a convention between the United States, Russia,
and Great Britain: Provided, That it shall not be lawful for the owners Despatches for
or officers of said telegraph line to make any contract, either directly or SflKS^k^
through any intervening'party or parties, for the transmission ofVSu besame&r
snatches for any newspaper or newspaper association, upon terms different
from those open to the enjoyment of all other newspapers or newspaper
associations*

Approved, July 1, 1864 . ,

Chap* CO*— An Act repealing so much of "An Act to supply Deficiencies in the Appro* July 1, 1864»
priatione for the Service of toe Fiscal Year ending the thirtieth of June, eighteen hundred - gft j - «q
and sixtyfoter, and for other Purposes* 1 approved March fourteen, eighteen hundred ' jj^L «
and sixty-four, as appropriates twenty-Jive thousand Dollars for erecting a Naval Hos-
joital at Kxttery, Maine*

Be it enacted by the Senate and Souse of Representatives of the United
States of America in Congress assembled, That so much of "An act to Repeal of
supply deficiencies in the appropriations for the service of the fiscal year " Bt ^^!Lfo7 l
ending the thirtieth of June, eighteen hundred and sixty-four, and for SaKitteiy, %\L
other purposes," approved, March fourteen, eighteen hundred and sixty-
four, as appropriates " for erecting naval hospital at lattery, Maine,
twenty-five thousand dollars,* be, and the same is hereby, repealed.

Approved, July 1, 1864.

29*

842 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 201/202, 203. 1864

Joly 1,-1864. Chap. CCI.—An Act to provide for ths Efficiency of the Navy.

Be it enacted by the Senate and Home of Representatives of the United
Persons in States of America in Congress assembled, That any person enlisted inthe
h^^iSSlS' ^to'T service of the United States, who shall apply to the NavyTDe-
to naval service, partment to he transferred to the navy or marine corps shall, if his appli-
cation be approved by the President of the United States, be transferred
to the navy or marine corps to serve the residue of his term of enlistment
therein, subject to the laws and regulations for the government of the
Proviso. navy ; Provided, That such transfer shall not release the transferred per-
son from any indebtedness to the government, nor, without the consent of
the President of the United States, from any penalty incurred for a breach
of military law.

Seamen, &e» Sbo. 2* And be it further enacted. That any seaman or mariner, or
terfswvice may P 6 * 8011 wn0 mfi 7 served as such, drafted into the military service,
^transferred to may, by order of the President of the United States, be transferred to
naval service, the naval service, to serve therein, subject to the laws and regulations for

the government of the navy, for die term, or residue of the term, for
which he was drafted.
Enlistments in- Sbo. 3. And be it further enacted, That all enlistments into the naval
to nav^or marine service or marine corps during the present war shall be credited to the
Sffi* appropriate township,' precinct, or district, in the same manner as enlist-
ments for the army.

Persons enlist. Sbo. 4 And be itftwther enacted, That persons hereafter enlisted into
ing into navy or the naval service or marine corps during the present war shall be entitled
receive same *° t0 same bounty as if enlisted in the army. And the resolu-

bounty as if en- tion approved February twenty-four, eighteen hundred and sixty-four,
^ReofflS T* 7 * entitled *A resolution relative to the transfer of persons in the military
olatiom ° service to the naval service," is hereby repealed : Provided, nevertheless,

Pub. Bes. No. That such sums as may have been paid as bounty to persons transferred
18 Post p. 402. fr° m the military to the naval service or marine corps shall be charged to,

ProvW and paid out of, the proper naval appropriation, or appropriation for the
marine corps.
Appboted, July 1, 1864 — —

Jury 1, 1864. Ghap. COIL — An Act to establish Portland, in the State of Oregon, and Leaventoorth,
in the Stale of Kansas, Ports of Delivery.

Be it enacted by the Senate and Bouse ofRepresentatives of the United
Portland and States of America in Congress assembled, That Portland, in the State of
l^^ortaof Oregon, and within the collection district of Oregon, and Leavenworth, in
delivery. tne State of Kansas, and within the collection district of Mississippi, be,

and hereby are, declared to be ports of delivery within their respective
Surveyors collection districts. And there shall be appointed a surveyor of customs,
authorized. to reside at each of said ports, who shall perform the duties and receive
1881, cb. sr. the compensation and emoluments prescribed in the act of congress ap-
YoL iv. p. 480. proved March the second, eighteen hundred and thirty-one, being a An
act allowing the duties on foreign merchandise imported into Pittsburg,
Wheeling, Cincinnati, Louisville, St Louis, Nashville, and Natchez to be
secured and paid at those places."
Approved, July 1, 1864

July 1, 1884. Chap. CdH. — An Act to compensate the Officers and Crew of the iron-clad Gunboat
— — ^— Essex for the Destruction of ike rebel Bam Arkansas.

Be it enacted by the Senate and Home of Representatives of the United
Appropriation States of America in Congress assembled, That the sum of twenty-five
&c! fty fth °BsseaE tnou8an " dollars be, and the same is hereby, appropriated, out of any
the 'bounty for ' money in the treasury not otherwise appropriated, to enable the Secretary
destroying the of the Navy to pay to the officers and crew of the iron-clad gunboat Es-
Arkansas. 8 ex, for the destruction of the rebel ram Arkansas, the bounty provided

THIRTY-EIGHTH CONGRESS.^ Sebb. L Ch. 204, 205. 1864.

843

by die fourth section of the act entitled "An act for ihe better govern- M ch.204*§4.
ment of the. navy of the United States," approved July seventeen, eigh- VoLxii.p.606.
teen hundred and sixty-two.
Approved, Julyl, 1864. i

Chap. CCIV. — An Act prescribing the Ptmishmentfir enticing or aiding Seamen to Jrijr 1, 1884.

desert the Naval Service of the United States, *

Be it enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That any person who shall en ^^ < ^ r
entice or procure, or attempt or endeavor to entice or procure any seaman persoof In the
or other person in the naval service of the United States, or who has naval service to
been recruited for such service, to desert therefrom, or who shall in any desert
wise aid or assist any such seaman or other person in deserting, or in
attempting to desert from said n$$al service, or who shall harbor, conceal,
protect, or in any wise assist any such seaman or other person who may
have deserted from said naval service, knowing him to have deserted there-
from, or who shall refuse to give up and deliver such person on the demand
of any officer authorized to receive him, shall be punished by imprisonment
not less than six months nor more than three years, and by fine of not
more than two thousand dollars, to be enforced in any court of the United
States having jurisdiction.

Approved, July 1, 1864

Chap. CCV.— An Act fir the Disposal of Coal Lands and of Town Property in the ' My 1, 1864.

PMic Domain. eh. 107.

Be it enacted by the Senate and House ofBepresentatives of the United Post* p. 529.
States of America in Congress assembled, That where any tracts embrac- Disposal of coal
ing coal-beds or coal-fields, constituting portions of the public domain, and ** >yfU
which, as " mines," are excluded from the preemption act of .eighteen lsS/ch. 16.
hundred and forty-one, and which under past legislation are not liable to Vol v * $ 4584
Ordinary private entry, it shall and may be lawful for the President to
cause such tracts, in suitable legal subdivisions, to be offered at public sale
to the highest bidder, after public notice of not less than three months, at
a minimum price of twenty dollars per. acre ; and any lands not thus dis-
posed of shall thereafter be liable to private entry at said minimum*

Sbo* 2. And be it further enacted, That in any case in which parties Town orctty
have already founded, pr may hereafter desire to found, a city or town on JJ^da, ^
the public lands, it shall and may be lawful for them to cause to be filed
with, the recorder for the county in which the same is situated, a plat
thereof, for not exceeding six hundred and forty acres, describing its ex-
terior boundaries according to the lines of the public surveys, where such
surveys have been executed ; also giving the name of such city or town,
and exhibiting the streets, squares, blocks, lots, and alleys, the size of the
same, with measurements and area of each municipal sub-division, the lots
in which shall each not exceed four thousand two hundred square feet,
with a statement of the extent and general character of* the improve-
ments; the said map and statement to be verified under oath by the
party acting for, and in behalf of the persons proposing to establish such
city or town ; and within one month after such filing there shall be trans-
mitted to the general land-office a verified transcript of such map and
statement, accompanied by the testimony of two witnesses that such city
or town has been established in good faith, and when the premises are
within the limits of an organized land district, a similar map and state-
ment shall be filed with the register and receiver, and at any time after
the filing of such map, statement, and testimony in the general land-office,
it shall and may be lawful for the President to cause die lots embraced
within the limits of such city or town to be offered at public sale .to the

844 THIRTY-EIGHTH CONGRESS. Sess. I. Oh. 208, 209, 210. 1864.

CHy and town highest bidder, subject to a minimum of ten dollars for each lot ; and such
lots as may not be disposed of at public sale, shall thereafter be liable to
private entry at said minimum, or at such reasonable increase or diminu-
tion thereafter as the Secretary of the Interior may order from time to
tune, after at least three months' notice, in view of the increase or decrease
Actual settlers. m the value of the municipal property : Provided, That any actual settler
upon any one lot, as aforesaid, and upon any additional lot in which he
may have substantial improvements, shall be entitled to prove up and
purchase the same as a preemption, at said minimum, at any time before
the day fixed for the public sale.
a When estab- Sfco. 8. And be it further enacted. That when such cities or towns are
raweTia^" established upon unsurveyed<lands, it shall and may be lawful, after the
extension limits extension thereto of the public surveys, to adjust the extension limits of
how adjusted, the premises according to those lines, where it can be done without inter-
Patents to ference with rights which may be vested by sale ; and patents for all
ime * lots so disposed of at public or private sale shall issue as in ordinary cases.

If mans, &c, Sso. 4. And be it farther enacted, That if within twelve months from
are not filed in the establishment of a city or town, as aforesaid, in the public domain,
s^e^&^^ay the interested shall refuse or mil to file in the general land-office

be made, and lots transcript map with the statement and testimony called for by the pro-
disposed ot visions of the second section of this act, it shall and may be lawful for

the Secretary of the Interior to cause a survey and plat to be made of
such city or town, and thereafter the lots in the same shall be disposed of
as required by said provisions, with this exception, that they shall each be
at an increase of fifty per centum on the aforesaid minimum of ten dol-
lars per lot.

Regulations to Sec. & And be U further enacted, That effect shall be given to the
carr^actinto foregoing act, according to such regulations as may be prescribed by the
Repeal of act of Secretary of the Interior. The act entitled "An act for the relief of
1SW, cb. 17 - the citizens of towns upon the lands of the United States under certain
v * p * * circumstances," approved May twenty-three, anno Domini eighteen hun-
dred and forty-four, and all other acts and parts of acts inconsistent with
this act, be, and the same are hereby, repealed.
Approved, July 1, 1864.

July 2, 1864. Chap. CCDC. — An Act to repeal (he Act of ike seventeenth of June, eighteen hundred
•— — — am/ sixty-four, prohibiting the Sake of Gold and Foreign Exchange,

Be %t enacted by the Senate and Heme of Bepresentatives of the United
Repeal of act ''States of America*, in Congress assembled. That the act entitled "An act
prohibiting cet- to prohibit certain sales of gold and foreign exchange," approved June
^tril? seventeen, eighteen hundred and sixty-four, be, and the same is hereby,
Ante, p. m repealed.

Arproved, July 2, 1864.

July 2, 1864. Chap.,CCX. — An Act maMnoApntvpriatbns for sundry Civil Expenses of the Govern-

■— ment fir the Year ending the Thirtieth of June, eighteen hundred and sixty-Jive, and fir

other Purposes.

Be it enacted by ike Senate and House of Bepresentatives of the United
States of America in Congress assembled. That the following sums be,
Civil expenses and the same are hereby, appropriated, for the objects hereafter
appropriation, expressed, for the fiscal year ending the thirtieth June, eighteen hundred

and sixty-five, viz*

CoasUurvey* Swvey of the (hast — For the survey of the Atlantic and Golf coasts
of the. United States, including compensation of civilians engaged in the
work, and excluding pay and emoluments of officers of the army and
navy, and petty officers and men of the navy employed in die work, one
hundred and seventy-eight thousand dollars.

THIRTY-EIGHTH CONGEESS. Ssss. L Ch. 210. 1864 845

For continuing the survey of the western coast of the United States, Coast purvey,
including compensation of civilians engaged in the work, one hundred
thousand dollars.

For continuing £he survey of the Florida reefs and keys, including
compensation of civilians engaged in the work, and excluding pay and
emoluments of officers of the array and navy, and petty officers and men
of the navy employed in the work, eleven thousand dollars*

For, publishing the observations made in the progress of the survey
of the -coast of the, United States, including compensation of civilians
employed in the work, four thousand dollars.

For repairs of steamers and sailing schooners .used in the coast-survey^
four thousand dollars.

For pay and rations of engineers for four steamers used in the hydrog-
raphy of . the coast survey, no longer supplied by the Navy Department,
nine thousand dollars.

Light-house Establishment — For the Atlantic, Gulf, and Lake coasts, Light-house
viz : establishment

For supplying the light-houses and beacon-lights with oil, wicks, glass
chimneys, and other necessary expenses of the same, and repairing and
keeping in repair the lighting apparatus, one hundred and fifty-six thou-
sand and eighty-seven dollars.

For repairs and incidental expenses, refitting and improving light-
houses and buildings connected therewith, one hundred and two thousand
two hundred dollars.

For salaries of five hundred and eighty-nine keepers of light-houses
and lighted beacons, and their assistants, two hundred and thirteen thou-
sand one hundred and ninety-three dollars and thirty-three cents.

For salaries of forty-three keepers of light-vessels, twenty-three thou-
sand nine hundred dollars.

For seamen's wages, repairs, supplies, and incidental expenses of forty-
three light-vessels, one hundred and eighty-two thousand three hundred
and two dollars.

For expenses of raising, cleaning, painting, repairing, remooring, and
supplying losses of beacons and buoys, and for chains and sinkers for
the same, one hundred and twelve thousand three hundred and fifty dollars.

For expenses of visiting and inspecting lights and other aids to naviga-
tion, two thousand dollars.

For commissions, at two and a half per centum, to such superintendents 1451, «h- 33.
as are entitled to the same under the proviso to act third March, eighteen VoL *** p "
hundred and fifty-one, on the amount that may be or may have been dis-
bursed by them, ten thousand dollars :

To enable the lighthouse board to reestablish lights and other aids
'to navigation, which have been injured or destroyed, on the southern
coast, one hundred thousand dollars. -

For completing the light-house works at Milwaukie, in addition to
former appropriations, twelve thousand two hundred and eighty-seven
dollars and twenty-six cents.

For completeing the light-house works at Racine, in addition to* former
appropriations, twenty-one thousand three hundred and thirty-five dollars
and twenty-eight cents.

For the erection of a light-house on Point Peninsula, between Big •
and Little Bays de Ifaguet, in the State of Michigan, fifteen thousand
dollars.

For beacon-light on Land Point, on the west side of Little Bay de
Noguet^ in the State of Michigan, five thousand dollars.

For beacon-light, at the mouth of Fox River, in the State of Wisconsin,
five thousand dollars.

For removing and reconstructing hewn [beacon] light on Oapen [Cape]
Henlopen, Delaware, seventeen thousand five hundred dollars.

THIETY-EIGHTH CONGRESS. Sbss.L Ch.210. 1864

Lfeht-honseea- For erecting a light-house on Cape Arago, State of Oregon, fifteen
taWfibimt - thousand dollars.

For additional aids to navigation to facilitate the entrance to Portland,
Maine, by suitably marking Alden's Rock and Bulwark Shoal, or other-
wise, twenty thousand dollars, or so much thereof as may he found neces-
sary* ^ •
Light-bouses, J?or the Coasts of California, Oregon, and Washington* — For supplying
ff^fc 16 * 00 *? twenty light-houses and beacon-lights with oil, glass chimneys, chamois
egut, andwash-" skins, polishing powder, and other cleaning materials, transportation,
ingtoiu expenses of keeping lamps and machinery in repair, and publishing

notices to mariners of changes of aids to navigation, twenty-one thousand
seven hundred and eighty dollars.

Fox repairs and incidental expenses of twenty light-houses and build-
ings connected therewith, ten thousand dollars.

For salaries of forty keepers and assistant keepers of light-houses, at
an average not exceeding' eight hundred dollars per annum, thirty-two
thousand dollars*

For expenses of raising, cleaning, painting, repairing, remooring, and
supplying losses of floating buoys and beacons, and for chains and sinkers
for the same, and for coloring and numbering all the buoys, ten thousand
dollars.

Special works* For special works, vis:—

For repairing breakwater, and rebuilding keeper's dwelling at Newport
harbor light-house, Rhode Island, six thousand dollars.

For repairs and renaovations at Block Island light-house, Rhode
Island, three thousand five hundred dollars.

For compensation of two inspectors of customs acting as superintend
dents for the life-saving stations on the coasts of Long Island and New
Jersey, three thousand dollars. '

For compensation of fifty-four keepers of stations, at two hundred
dollars each, ten thousand eight hundred dollars.

For repairs of the roof of the court-house and post-oj3ice at Windsor,
Vermont, ten thousand dollars, or so much thereof as may be necessary.

For construction and repair of light-boats, to be expended under the
direction of the Secretary of the Treasury, one hundred and My thou*
sand dollars.

Public build* PttbUe Buildings and Grounds* — For care, support, and medical and
toga and grounds, surgical treatment of forty transient paupers, medical and surgical patients

in some proper medical institution in the city of Washington, to be se-
lected by the commissioner of public buildings, six thousand dollars*
For hire of carts on the public grounds, two thousand dollars.
For purchase and repair of tools used in the public grounds, four bun*
dred dollars.

To nav for ashes purchased by the public gardener three years ago for-
the public grounds, one hundred and twenty-five dollars.

For purchase of trees and tree-boxes, to replace, when necessary, such
as have been planted by the United States, to whitewash tree-boxes and
fences, and to repair pavements in front of the public grounds, three
thousand dollars.

For annual repairs of the capitol, water-closets, public stables, water*
pipes, pavements, and other walks within die Capitol Square, broken
glass, and locks* and for the protection of the building, and keeping the
main approaches to it unencumbered, eight thousand dollars.

To change Tiber Creek, where it runs through the botanic garden, into
a sewer, ten thousand one hundred and fifty dollars, to be expended under
the direction of the commissioner of public buildings.

To enable the commissioner of public buildings to reconstruct five of
the old burUovt [burnt-out] furnaces now under the old portion of the
capitol, five thousand dollars.

. THTBTY-EIGHTH CONGRESS. Sess.1. Ch.210. 1864. 347

For annual repairs of the President's house and funaiture, improve- President's
ment of grounds, purchase of plants for garden, and contingent expenses
incident thereto, six thousand dollars.

For fuel, in part, of the President's house, two thousand four hundred
dollars.

For repairs, refitting, and furnishing the President's summer residence
at the Soldiers 9 Home, three thousand dollars.

For lighting the capitol and President's house, the public groraids .letting ^capl-
around them, and around the executive offices, and Pepnsylvania avenue, ^,^^. p
Bridge and High streets in Georgetown, Four-and-a-Half street, Seventh
and Twelfth streets across the mall, and Maryland avenue west, and
Sixth street south, sixty-three thousand five hundred dollars.

For repairs of the Potomac and upper bridges, six thousand dollars. Bridges, aven-

For repairs of Pennsylvania avenue, jand aiding in keening it clean and w *
free from dust, six thousand dollars.

For public reservation number two and Lafayette Square, two thousand
dollars.

For taxing care of the grounds south of the President's house, contin-
uing the improvement of the same,' and replacing trees destroyed, repair-
ing fences, and other injuries, five thousand dollars.

For repairs of water-pipes, five hundred dollars*

For cleaning out the sewer-traps on Pennsylvania avenue, and repair-
ing the same, three hundred dollars.

For casual repairs of all the furnaces under the capitol, five hundred
dollars.

For deficiency in tiling the floor of the library of congress, one thou-
sand two hundred dollars.

Sec 2. And be it jhrther enacted^ That a marble floor, similar to that Marble floor in
of the congressional library or the Senate vestibule, shall be constructed Hcttstoflte^
in the old hall of the House of Representatives, using such marble as may sentathresT
be now on hand and not otherwise required, and that suitable structures Structures,
and railings shall be therein erected for the. reception and protection of 8tatuar y«
statuary, and the same shall be under the supervision and direction of the
commissioner of public buildings ; and so much of the moneys now or
heretofore appropriated for the capitol extension as may be necessary,
not exceeding the sum of fifteen thousand dollars, is hereby set apart and
shall be disbursed for the panes [purposes] hereinbefore mentioned. And
the President is hereby authorized to invite each and all the states to pro- States to be
vide and furnish statues, in marble or bronze, not exceeding two in number S^aes.* taxn * sil
for each state, of deceased persons who have been citizens thereof, and
illustrious for their historic renown or from distinguished civic or military
services, such as each state shall determine to be worthy of this national
commemoration ; and when so furnished the same shall be placed in the
old hall of the House of Representatives, in the capitol of the United
States, which is hereby set apart, or so much thereof as may be necessary,
as a national statuary hall, for the purposes herein indicated.

To reimburse the commissioner of public buildings for money expended t Iron panel in
in replacing one of the iron panels in the ceiling of the library of con- of^Scrws *****
gress, and to enable the commissioner to secure all the panels by fastening 003 % Tess '
them with iron shackles to the roof, five hundred dollars.

For repairs of the basement of the Presidents house, three thousand
dollars..

To enable the commissioner of public buildings to remove the water- Water-pipes to
pipes which conduct the water from the spring at Franklin Square to the ^^ ents
President's house, rendered necessary by the grading around the treasury
extension, and to lay them down in another place, five hundred dollars.

To enable the commissioner of public buildings to enclose Franklin Enclosing
Square with a wooden fence, and to guard the same and plant it with trees Franklin Square,
and shrubbery, three thousand dollars.

348

THIRTY-EIGHTH CONGRESS. Sess.1. Ch.210. 1864.

Armory Square, For repairing fence around* Armory Square, fire hundred and thirty-
three dollars*

For painting the iron railing around the capitol grounds, fifteen htu>
dred dollars*

For cleaning and painting the crypt and passages under the rotunda,
two. thousand dollars.

To pay expenses incurred by the commissioner of public buildings ia
enlarging bench in supreme court room, one thousand two hundred and
fourteen dollars.

For repairs of navy-yard bridge, twenty-five thousand dollars.

For balance due the draughtsman for his services in charge and contin-
uation of the series of maps ordered by resolution of die fourth May,
eighteen hundred and forty-eight, for part of the fiscal year ending in
eighteen hundred and sixty-two, fifteen hundred and twenty dollars and
thirty-eight cents.

For repairs to the bridge across the Potomac River at Little Falls, two
hundred and fifty dollars.
Aocommoda- To enable the Secretary of the Treasury to provide temporary accom-
^plrtaQentf modations for the State Department, and for such of the clerks of the sec-
^ ond auditor of the treasury as cannot be accommodated in Winder's build-

ing, ten thousand dollars.
Jail in the Dis- Jail of the District of Columbia. — For salary of warden of the jail

^Sala^rof 111 ^ m *® IMstrict of Columbia, from February twenty-ninth to thirtieth of
vraJfen? June, eighteen hundred and sixty-four, at the rate of sixteen hundred

dollars per annum, five hundred and forty dollars and sixty-five cents.
Smithsonian Smithsonian Institute* — For the preservation of the collections of the
Institute. exploring and surveying expeditions of the government, four thousand

dollars.

Government Government Hospital for the Insane. — For the support, clothing, and
hospital far the medical treatment of the insane of the army and navy and the revenue-
e * cutter service, and of the District of Columbia, at the government hospital

for the insane in said district, including five hundred dollars for books,
stationery, and incidental expenses, sixty thousand five hundred dollars.

For finishing, furnishing, heating, and lighting additional accommoda-
tions in the east wing, five thousand dollars.

For continuation of the wall enclosing the grounds of the hospital, ten
thousand dollars.

For iron coping of the battlement of the hospital edifice, two thousand
five hundred dollars.

Secretary of the * The Secretary of the Navy is hereby authorized and required to set
ee^paitofnay a P art &° m 406 lW °f * n J officer of the navy, or of the marine corps,
of officeHainV who may be under treatment by his order in the government hospital for
sane hospital, the insane, such a portion of the monthly pay of said officer as may be

needed for his personal use and comfort in addition to the ordinary re-
Superintendent sources of that establishment The superintendent of the government
toreeommendthe hospital for the insane shall recommend the portion of the spay of such

officer of the navy, or of the marine corps, that shall be set apart in the
manner and for the purpose hereinbefore described, "but the Secretary
of the Navy may, in his discretion, increase or reduce the sum so
recommended to be set apart The said sum set apart for the per-
Portion set sonal benefit of any officer of the navy, or of the marine corps, under
^aperinten^ toe&tuent in the government hospital for the insane, by order of the
ent * Secretary of the Navy, shall be paid to the said superintendent of

that institution, by the paymaster having charge of the said officer's
accounts ; and the receipt of said superintendent for the sum which
he is authorized by the Secretary of the Navy to draw from the said
paymaster shall he equivalent to the receipt of the legal guardian of
said officer, or to that of the officer himself! The said superintendent
shall disburse the money thus set apart and drawn by him, and he shall

THIRTY-EIGHTH CONGRESS* Sess.1. Ch. 210. 1864.

8&

account for it in quarterly statements to the fourth auditor of the
treasury.

Botanic Garden. — For grading, draining, procuring nianure, tools, Botanic
fuel, and repairs, purchasing trees and shrubs under the direction of the
library committee of congress, three thousand three hundred dollars.

For pay of superintendent of botanic garden, and assistants in the
botanic garden and green-houses, to be expended under the direction of
the library committee of congress, six thousand one hundred and forty*
five dollars and eighty cents.

Columbian Institution for the Deaf and Dumb and Mind, — For sala* Institution for
ries and incidental expenses, embracing, in addition to the objects hereto- Sd1mna? tt,al%
fore provided for in this appropriation, the salary of an additional teacher,
construction of a new sewer, and the construction and repairs of fences,
seven thousand five hundred dollars.

For continuing the work for the accommodation of the students and • Purchase of
inmates in said institution, in addition to the appropriations heretofore land *
made, viz : for the purchase of a tract of improved land, containing about
thirteen acres, bordering on Boundary street of the city of Washington,
and adjoining the lot now belonging to the institution, to enable it to in-
struct the male pupils in horticulture and agriculture, and to furnish sites
for mechanic shops and other necessary buildings, twenty-six thousand
dollars: Provided, That before the purchase of the said thirteen acres is Proviso,
consummated, the owner shall complete the title in fee to the premises
now held and occupied by said institution, by executing a release or con-
veyance of the remainders and reversions now outstanding in him to the
said institution.

To bring the Potomac water into the institution from the nearest water Potomac
mains, or other adequate sources in the city, three thousand two hundred water *
dollars.

PaienU Office* — For expenses of receiving, arranging, and taking care Patent office,
of copyright" books, charts, and other copyright matter, one thousand eight ;t
hundred dollars.

For preparing illustrations and descriptions for report, six thousand
dollars.

Survey of the Public Lands* — For surveying the public lands, (exclu- Sumy oi
stve of California, Oregon, Washington, New- Mexico, Kansas, Nebraska, Public land*.
Utah, Dakota, Colorado, Nevada, Arizona, Idaho, and Montana,) includ-
ing incidental expenses and island surveys in the interior, and all other
special and difficult surveys demanding augmented rates, to be appor-
tioned and applied to the several surveying districts, according to the
exigencies of the public service, in addition to the unexpended balances
of all former appropriations for the same objects, fifty thousand dollars.

For surveying the public lands in California and Nevada, fifty thou-
sand dollars.

For surveying the public lands in Oregon, twenty thousand dollars.
For surveying the public lands in Washington Territory, twenty thou-
sand dollars.

For surveying the public lands in the Territory of Colorado^ twenty .
thousand dollars.

For surveying the public lands in Kansas and Nebraska, fifty thousand
dollars.

For surveying the public lands in the Territory of Dakota, five thou*
satfd dollars.

For the survey of a military road from Sioux City, Iowa, to Fort Ran-
dall, Dakota Territory, and from Niobrara, Nebraska Territory, to Fort
.Randall, and to bridge the Dakota and Vermillion Rivers and other
streams, fifteen thousand dollars.

For surveying the public lands in New Mexico, ten thousand dollars.
• VOL. xm. Pub. — 30

850

THIRTY-EIGHTH CONGRESS. Sbss. L Co. 210. 1864

For surveying the public lands in the Territory of Arizona, ten thou-
sand dollars*

For surveying the public lands in the Territory of Idaho, ten thousand
dollars*

For surveying the publie lands In the Territory of Montana, ten thou*
sand dollars*

Miscellaneous. Miscellaneous. — For earring [carrying] on the work of the commis-
VoJ.x. p. 1089. sion appointed under the first article of the reciprocity treaty with Great
Britain, eight, thousand dollars.

$ion? pit<>1 63Ctel1 " ^ or continuing the work on . the capitol extension, three hundred thou-
sand dollars*

Patent-office For finishing the patent-office building, seventy-fire thousand dollars,
building. To enable the commissioner of agriculture to pay a debt incurred by

the commissioner of patents in preparing the agricultural report for eigh-
teen hundred and sixty-one, and transferred to the account of the agri-
cultural department in pursuance of an opinion of the Attorney-General
of September eighteenth, eighteen hundred and sixty-two, three thousand
seven hundred and four dollars and five cents.

To restore the salary of the chief messenger in the department of
agriculture to nine hundred dollars per annum, at which it is fixed, three
hundred dollars.

Tele™* be- For the annual subsidy for facilitating communication between the
tween tta Atian- Atlantic and Pacific states by electrical telegraph, forty thousand dollars.
"t^«: For the continuation of the north wing of the treaitiry extension, Ave
teusion. hundred thousand dollars.

Treasury For furniture for treasury building, twenty-five thousand dollars.

b *Vaulte* For the construction of vaults, as an additional security to the publie

funds in United States depositories, thirty thousand dollars.

Repair, &c, of For the repair and preservation of custom-houses, marine-hospitals,
custom-bouses. a nd other public buildings under the supervision of the Treasury Depart-

ment, forty thousand dollars*

Custom-ilfase For the purpose of building a new custom-house at Portland, Maine,
at Portland, Me. on the site owned by the United States, fifty thousand dollars.

Furniture and For furniture and repairs of furniture of the various publie buildings
biKdw pul,Uc unae * the supervision of the Treasury Department, fifteen thousand dol-
^ lars.

Heating appar- jr or heating apparatus for the east* front and centre wing of the treas-
ury building, in addition to available appropriations, twelve thousand five
hundred and tbirty»seven dollars and sixty-seven cents.

Plates, paper, For plates, paper, and special dies, and the printing of circulating
log ™te£ " notes, and expenses necessarily incurred in procuring said notes, includ-
ing miscellaneous items, four hundred and forty-one thousand two hun-
dred and fifty dollars.

For the discharge of such miscellaneous claims, not otherwise provided
for, as shall be admitted in due course of settlement at the treasury, ten
thousand - dollars.

bri^ffetSSond* ^* or tne P*? 1116 ^ °^ messengers of the respective states for conveying
vote! to the seat of government the votes of the electors of said states for Pres-

ident and Vice-President of the United States,' twenty thousand dollars*
For stationery for the. Treasury Department, forty-five thousand dollars.
Biennial Regis- p or compiling and supervising the Biennial Register, per act of March
1861 ch. 44. second, eighteen hundred and sixty-one, five hundred dollars*
Vol. hi p. ui. To supply a deficiency in the appropriation for the branch-mint at San
San'SwcSco?** Francj8C0 * or the year ending thirtieth of June, eighteen hundred and

sixty-four, seventy-one thousand three hundred and eleven dollars and ten
cents. '

Indian hostili- To supply a deficiency in the appropriation for the costs, charges, and
ties in Minnesota, expenses properly incurred by the State of Minnesota in suppressing

Indian hostilities in the year eighteen hundred and sixty-two, the sum of

THIRTY-EIGHTH CONGRESS- Ssss.1. Ch. 210. 1864.

851

one hundred and seventeen thousand dollars : Provided, That only 'so Proviso,
much of said sum shall be paid the State of Minnesota as is allowed by lses, eh. 210,
the proper accounting officers unter [under] the twenty-second $eation of $ 22» vol* P*
the act approved March third, eighteen hundred and sixty-three, entitled
"An act making appropriations for sundry civil expenses of the govern-
ment for the year ending June thirtieth, eighteen eighteen hundred and
sixty-four, and for the year ending thirtieth of June, eighteen hundred
and sixty-three, and for other, purposes."

Motitand — For salaries of governor and superintendent of Indian Territory of
affairs, chief-justice and two associate judges, and secretary, nine, thou* Montana -
sand seven hundred dollars. I

For contingent expenses of said territory, one thousand dollars.

For compensation and mileage of the members of the legislative as*
sembly, officers, clerks, and contingent expenses of the assembly, twenty
thousand dollars.

To enable the joint library committee to purchase a collection of American
early American maps and plans, chiefly manuscript originals illustrative ^Sw^cw^
of the French war, and the war of the Revolution, for deposit in the gra&T
library of congress, one thousand dollars.

For plans and detailed drawings for proposed changes in the capitol Plans ^ r ca Pj-
wings to secure improvement in the ventilation, heating, and acoustics of J^^" 1 ^ 7611 ^
the halls of congress, the sum of fifteen hundred dollars, or so much *
thereof as may be necessary; the said outlay to be authorized and ap-
proved by the joint select committee of the two houses upon the ven-
tilation, &c^ of said halls, and to be paid out of the aforesaid appropriation
for the capitol extension.

For additional clerical force in the office of the assistant treasurer at Assistant treas-
Fhiladelphia, fonr thousand five hundred dollars. J™* *hitad*.

Sec 8. And be it further enacted, 'That the sum of one hundred thou*
sand dollars is hereby appropriated, out of any moneys in the treasury
not otherwise appropriated, for the purpose of meeting any expenses in
detecting and bringing to trial and punishment persons engaged in coon- Detection of
terfeiting, treasury notes, bonds, or other securities of the United States, n* 1 ? 4 ^^ 1 !^
as well as the coin of the United States : Provided, That in the courts of 'pt^feot*'
the United States there shall be no exclusion of any witness on account Witnesses,
of color, nor in civil actions because he is a party to, or interested in, the Post, p. 533.
issue tried.

Sec. 4. And be it further enacted, That the compensation of t,he clerk Pay of clerk to
to the committee of ways and means shall be twenty-one hundred and SJJjJJJ means,
sixty dollars per annum to commence with the present session of eon*
gress ; and such sum as may be found necessary to pay the same be, and
is hereby, appropriated.

To compensate persons on board the U. S. grunboat u Cincinnati,^ in ac- F *?°f P. er r ons
cordance with the joint resolution, approved February [April! nineteenth, ^nboat Cinciu-
eighteen hundred and sixty-four, seven thousand two hundred dollars. oatu

For compensation of stamp-clerk in the office of the assistant treas- 2tt Pab * Res * 1
urer at San Francisco, two thousand four hundred dollars, or 'so much jpost, p, 404,
thereof as may be necessary.

For compensation to clerks and extra clerk-hire, in addition to that Clerks, &^ in
already appropriated, in the office of the Secretary of the Treasury, <me jJ'x!s2S^ B< * l3r
hundred thousand dollars.

For payment to Messers. Little, Broprn & Co., for three hundred and Little, Brown,
ninety-five copies of the 10th and 11th' volumes each of the Statutes at ft t p
Large, at three dollars and fifty cents per volume, delivered by order of statutes at Large,
the Secretary of the interior, dated February twenty-first* eighteen hun-
dred and sixty-three, two thousand seven hundred and sixty-five dollars. .

For payment of salaries for additional clerks in the Navy Department, Salaries of
for the fiscal year ending June thirtieth, eighteen hundred and* sixty-five, JJJSS^SmS
nine thousand and eight hundred dollars. . meat.

852 THIRTY-EIGHTH CONGRESS. Sess-I. Ch. 210. 1864

For compensation to the clerk of the committee of elections for pre*
Digest ofelec- paring for publication a continuation of the digest of election cases, to be
tkm cases* expended under the direction of said committee, the sum of one thousand

dollars, or so much thereof as in the opinion of said committee shall be
necessary therefor. «»

To supply a deficiency in the appropriation for miscellaneous items for *
the Senate for the fiscal year ending June thirtieth, eighteen hundred and
sixty-four, fifteen thousand seven hundred and thirty dollars.

For deficiency for the Congressional Globe for the present session,
twenty-five thousand and sixty-five dollars and twelve cents*
Vaults, &c, in Sec. 5. And be it further enacted. That in addition to the sum of ten
custom-house at thousand dollars,' appropriated by the eleventh section of the act of
^^ d ch?79% it ^- arcn three, eighteen hundred and sixty-three, fbr the construction of
Vol. xii! p/752/ vaults and the fitting up of offices in the custom-house building at Phil*

adelphia, for the accommodation of the assistant treasurer of the United
States at that city, there is hereby appropriated, payable out of any
moneys in the treasury not otherwise appropriated, the sum of forty thou-
sand dollars, to be expended under the direction of the Secretary of the
Treasury, for the object provided for in said section, and in such altera-
tions of said buildings as may be required to adapt the same to the receipt,
custody, and disbursement of the public money by the assistant treasurer
aforesaid, as well as to the' convenient accommodation therein of the offi-
cers of the customs at the port of Philadelphia.
Pay of district Sbo. 6» And be it Jurther enacted, That the President of the United
shai™^ for** States be, and hereby is, authorized to expend during the fiscal year end-
services in sup- fog the thirtieth day of June, eighteen hundred and sixty-five, so much
predion of slave- of the appropriation of second March, eighteen hundred and sixty-one, as
''judges and he may deem expedient and proper, not exceeding in the whole ten thou-
arbitrator*, &c sand dollars, for compensation to United States marshals, district attor-
I88^ch. 140^ neys, and other persons employed in enforcing the laws for the suppres-
' ' p ' sion of the African slave-trade, for any services they may render, and for
which no allowance is otherwise provided by law ; and also, so much of
said appropriation as may be necessary to pay the salaries of the judges
and arbitrators appointed by him pursuant to the act of congress, ap-
proved July eleven, eighteen hundred and sixty-two, entitled <'An act to
carry into effect the treaty between the United States and heir Britannic
Majesty /or the suppression of the African slave-trade, 19 and for the ex-
penses of 'the mixed courts of justice provided fbr by said treaty. -

Sec. 7. And be it jwrther enacted, That section eleven of an act enti-
tled u An act for the release of certain persons held to service or labor in
Repeal of 1862, the District of Columbia," approved April sixteen, eighteen hundred and
*Voi TaJJp. 378. sixty-two, and also that part of the first section of an act entitled "An act

making supplemental appropriations for sundry civil expenses of the gov-
ernment for the year ending June thirtieth, eighteen hundred and sixty-
1882, ch. m ,§t> three, and for the year ending June thirtieth, eighteen hundred and sixty-
o *u. P- two> an £ £ or otner parposeg » approved July sixteen, eighteen hundred
and sixty-two, which reads as follows " To enable the President to carry
out the act of congress for the emancipation of the slaves in the District *
of Columbia, and to colonize those* to be made free by the probable pas-
sage of a confiscation bill, five hundred thousand dollars, to be repaid to
the treasury out of confiscated property, to be used at the discretion of
the President in securing the right of colonization of said persons made
free, and in payment of the necessary expenses of their removal," be, and
the same are hereby, repealed : Provided, however, That this section shall
Proviso. not be construed so as to interfere with any expenditure that may have
been incurred by carrying into effect the parts of acts above repealed, or
any expenditure necessary to fulfil existing engagements in relation thereto.
erM^oUstr^ln ® ECL S * fi^ 1 ^ enacted, That, until Stherwise directed by

New 8 Mexico, law, the territory of New Mexico, and the Territory of Arizona shall con-

4

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 210, 211. 1864. 353

stitute one surveyor-general's district; That the Territory of Idaho and Arizona, Ida-
Nevada shaH constitute, and be a part of, the surveyor-general's district k^^ii^-"
of Colorado ; That the Territory of Dakota and Montana shall constitute tana!
one surveyor-generaFs district, and that there shall be but one office of
surveyor-general for each surveyor-generaFs district ; That the provisions
of this section shall be executed under such rules and regulations as may
be prescribed by the commissioner of the general land-office ; and that BepeaL
all acts and parts of acts in conflict with the provisions of this section are
hereby repealed.

Sec* 9. And be it further enacted, That sections eight and nine of an Coastwise
act entitled " An act to prohibit the importation of slaves into any port or {j^^* 46
place within the jurisdiction of the United States, from and after the first Repeal of act
day of January, in the year of our Lord eighteen hundred and eight, ch. 22, §§
which said sections undertake to regulate the coastwise slave-trade, are 8, y*L & » 439.
hereby repealed, and the coastwise slave-trade is prohibited forever*

Approved, July 2, 1864.'

Chap. CC3X — An Act making Appropriations far the Construction* Preservation, and July g, 1864»
Repair* nf certain Fortifications ana other Works of Defines for the Tear ending the
thirtieth of June, eighteen hundred and sixty-jive, ana for other Purposes,

Be it enacted by the Senate and Souse of Repres itattves of the United
Skates of America in Congress assembled, That the following sums be, and Appropriation
they are hereby, appropriated, out of any money in the treasury not oth- ^w™p*ttons,
erwise appropriated, for the construction, preservation, and repairs of cer-
tain fortifications and other works of defence for the year ending the thir-
tieth of June, eighteen hundred and sixty-five : —

For Fort Montgomery, at outlet of Lake Champlain, New York, fifty Fort Mont-
thousand dollars* gomery.

For Fort Knox, at narrows of Penobscot River, Maine, one hundred Fort Knox,
thousand dollars.

'For fort at entrance of Kennebec River, (Fort Popham,) Maine, one Fort Popham.
hundred thousand dollars.

For fort on Hog Island Ledge, (Fort Georges,) Portland harbor, Maine, Fort Georges,
one hundred and fifty thousand dollars.

For Fort Preble, Portland harbor, Maine, one hundred and fifty thou- Fort Preble,
sand dollars.

> For Fort Scammel, Portland harbor, Maine, one hundred thousand Fort ScammeL
dollars.

For New Fort Constitution, Portsmouth harbor, New Hampshire, one Fort Constitu-
hundyed thousand dollars. tion *

For Fort McClary, Portsmouth harbor, New Hampshire, fifty thousand Fort MoClary.
dollars.

For Fort Winthrop, Governor's Island, Boston harbor, Massachusetts, Fort Winthrop.
fifty thousand dollars.

For Fort Warren, Boston harbor, Massachusetts, twenty thousand Fort Warren,
dollars.

For sea-waLl of Great Brewster's Island, forty thousand dollars. 8e»j«B at

For repair of sea-walls on Deer and on Lovell's Island, ten thousand o^D^a^a
dollars. . LovelTs Islands*

For permanent tores at New Bedford harbor, Massachusetts, one bun- Forts at New
dred thousand dollars. > Bedford harbor.

For Fort Schuyler, East River, New York, twenty-five thousand dollars. Fort Schuyler.

For fort at Willet/s Point, opposite Fort Schuyler, New York, one hun- Forts at Wii-
dred and fifty thousand dollars. let's Point

For repairs of Fort Columbus, Gastler Williams, South Battery, Fort Fort Columbus.
Wood, and Fort Gibson, New York harbor, one hundred thousand, dollars.

For new battery near Fort Hamilton, at the Narrows, New York, sev- .Fort Hamilton,
enty-five thousand dollars.

80*

854 THIRTY-EIGHTH CONGRESS. Sbbb.1. Ch. $11, 212. 1864

Fort Rich- For Fort Richmond, Staten Island, New York, twenty thousand dollars.

m °iwt on site of * or ^ ort 00 °^ ^ ort Tompkins, Staten Island, New York, one hun-
Fort Tompkins, dred and fifty thousand dollars.
Battery of For cas[e]mated battery on Staten Island, New York, seventy-five thou*

Staten Island. san d dollars.

Sea-wall at For repairs and completion of sea-wall at Buffalo, thirty-seven thousand

Buffalo. £ ve hundred dollars.

Fort at Sandy j?or f or t a t Sandy Hook, New Jersey, one hundred and twenty-five

Hook * thousand dollars. *

Fort Mifflin. For Fort Mifflin, near Philadelphia, Pennsylvania, twenty thousand
dollars*

Delaware For permanent work for Delaware breakwater harbor, one hundred

breakwater. thousand dollars.

Fort Carroll. For Fort Carroll, Baltimore harbor, Maryland, one hundred thousand
dollars.

Fort Monroe. For Fort Monroe, Hampton Roads, Virginia, fifty thousand dollars*
Fort Wool. For Fort Wool, Hampton Roads, Virginia, two hundred thousand dollars;
Fort Clinch. For Fort Clinch, entrance to Cumberland Sound, Florida, one hundred
thousand dollars.

Island ** SWp ^ or * or * ^ an ^ 5 coa *t °f Mississippi, one hundred thousand dollars.
tuFort Point; For fort at Fort Point, San Francisco bay, California, fifty thousand
dollars.

at Alcatraz For fort at Alcatraz Island, San Francisco bay, California, ninety thou-
l8land ' sand dollars.

Defences at For land defences at San Francisco, one hundred and seventy-seven
San Francisco, thousand dollars : Provided, That no portion of the same shall be ex-
pended on other fortifications now in progress there.
_ At month of For defences in Oregon and in Washington Territory, at or near the
Columbia River. mouth ^ Columbia River, one hundred thousand dollars.

Repairs, &c,ef For repairs and alterations of barracks, quarters, hospitals, storerooms,
barracks, &c an d fences at permanent forts not occupied by troops, fifty thousand dollars.

Platforms for For construction of permanent platforms for modern cannon of large
canDOn * calibre in existing fortifications of important harbors, one hundred and

thirty thousand dollars.
Tool and «ege' For tool and siege trains for armies in the field, two hundred thousand
. dollars.

Bridge trains For bridge trains and equipage tat armies in the field, five hundred*
and equipage, thousand dollars.

Contingencies. For contingencies of fortifications, including field works and field oper-
ations, seven hundred thousand dollars. .
Obstructions in For providing obstructions to be moored in the Potomac River to render
Potomac River. ^ gnore batteries more efficient for the protection of Washington against

maritime attack, three hundred thousand dollars.
w5t f ?"S*, of ' For completing and rendering more permanent the defences of Wash*

Washington. ^ thous ^ d * dollw8 /

Surveys of' For surveys of the northern and northwestern lakes, including Lake
k* 08, Superior, one hundred thousand dollars.

Chart of lake For engraving and printing chart of lake surveys, ten thousand dollars.
^Purchase, &c, For purchase and repair of instruments, fifteen thousand dollars.
ot instruments. For surveys for military defences, and for purchase of campaign maps,
mi?itory?e^ces. n** 110 ^?* n°{es, and maps of surveys of railroads and canals, one hun-
&c dred and fifty thousand dollars.

Approved, July 2, 1864

Chap> CCXJL — 4n Act to authorize' the United States to acquire Land in Wallabout
July 2, 1864. Bay, belonging to the City of Brooklyn, and to authorize the Exchange of other Lands

ref

Be it enacted by the Senate and House cf Representatives of the United
Skates of America, in Congress assembled, That the Secretarv of the Navy

THIRTY-EIGHTH CONGRESS. Sess. L Ch. 218, 214. 1864

855

be, and be is hereby, authorized and empowered to negotiate with the city Landa in Wal-
of Brooklyn, in the State of New York, and to effect an exchange of lands J*** 00 *
in Wallabout Bay between the United States and the said city, and
thereupon to make* execute, and deliver good and sufficient deeds and
releases therefor.
Approved, July 2, 1864*

Chap. CCXJ1L — ; An Act aranUng Lands to ike State of Oregon, to aid in the Con- Jafr % 18S4
, strttction of a Military ^Road from Eugene City to the Eastern Boundary of said State*

Be it enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That there be, and hereby is,
granted to the State of Oregon, to aid in the construction of a military to o^ fi ^J nted
wagon-road from Eugene City, by way of Middle Fork of Willamette miffiyw^n-
River, and the most feasible pass in Cascade range of mountains, near road*
Diamond Peak, to the eastern boundary of the State, alternate sections
of public lands, designated by odd numbers, for three sections in width
on each side of said road : Provided, That the lands hereby granted shall Z"d& to be
be exclusively applied in the 'construction of said road, and shall be, dis- ffirjjf^"
posed of only as the work progresses ; and the same shall be applied to structing such
no, other purpose whatever ; and provided further, That any and all lands ro ?jj ttd _
heretofore reserved to the United States by act of congress, or other com- / ore ^served ex-
petent authority, be, and the same are, reserved from the operation of cepted from this
this act, except so far as U may be necessary to locate the route of said
road through the same, in which case Hie right of way is granted.

Sbo. 2. And be it further enacted. That the said lands hereby granted . I^sg^ted
to said state shall be disposed of by the legislature thereof for the pur- by le^Ke,
pose aforesaid, and for no other; and the said road shall be and remain &c
a public highway for the use of the government of the United States,
free from tolls or other charge upon the transportation of any property,
troops, or mails of the United States.

Sec. 8. And be U further enacted, That said road shall be constructed ^ Width, grade,
with such width, graduation, and bridges, as to permit of its regular use **» ofroaa *
as a wagon-road, and in such other special niauner as the State of Oregon
may prescribe. - ' '

Sec. 4. And be it fitrther enacted, That the lands hereby granted to Mode of db-
said state shall be disposed of only in the following manner, that is to portion of lands,
say: that a quantity of land not exceeding thirty sections for said road
may be sold; and when the governor of said state shall certify to the
Secretary of the Interior that any ten continuous miles of said road are
completed, then another quantity of land hereby granted, not to exceed
thirty sections, may be sold, and so from time to time until said road is
completed ; and if said road is not completed within five years, no farther Land to revert
sales shall be made, and the land remaining unsold shall revert to the ^ &c *
United States.

Approved, July 2, 18$4»

Chap. CCXLV.—An A&to *stUMu^^ July 2, 1864.

Be it enacted by the Senate and- House of Representatives of the tinted
. States of America in 'Congress assembled. That from and after the passage
hereof the alley, which is sixty feet wide, across square seven hundred Colfax street
and twelve, and which connects L and M streets north, and the west line «*tabliahsd.
of which is two hundred and twelve feet east of the east line of First
street east, shall be known as Colfax street* ' *

^ Sec. 2. x Jsid be it further enacted, That congress may hereafter, at any This act may
time, amend or repeal this act be amended, &o.

Approved, July 2, 1864.

856 THIRTY-EIGHTH CONGRESS. Sess. I. Ck. 21$, 216. 1864.

July 2,1864 Chap. CCXV. — An Act to provide for the more speedy Punishment of Guerilla Maraud'

ers $ and fir other Purposes.

Be it enacted by ike Senate and Bouse of Representatives of the United
Sentences States of America in Congress assembled. That the provisions of the
n^d^wbt tweoty-first section of an act entitled " An act for enrolling and calling
• may cany 'into out the national forces, and for other purposes," approved third March,
Maseeh 75 ( 21. e *3 ntecn hrodr 60 * and sixty-three, shall apply as well to the sentences of
Vol! xii. p. 735. military commissions as to those of courts-martial, and hereafter the com*
manding general in the field, or the commander of the department, as the
case may be, shall have power to carry into execution all sentences against
guerilla marauders for robbery, arson, burglary, rape, assault with intent
to commit rape, and for violation of the laws and customs of war, as well
as sentences against spies, mutineers, deserters, and murderers*
Officer ordering Seo. 2* And be it further enacted. That every officer authorized to
court-martial order a general court-martial shall have power to pardon or mitigate any
ae^eneeof court punishment ordered by such cour£ including that of confinement in the

penitentiary, except the sentence of death, or of cashiering or dismissing
an officer, which sentences it shall be competent during the continuance of
the present rebellion for the general commanding the army in the field, or
Repeal of the department commander, as the case may be, to remit or mitigate ; and
1862, ch. 201, § 5. the fifth section of the act approved July seventeenth, eighteen hundred
VoL xii.p,5&& ^ sixty-two, chapter two hundred and one, be, and the same is hereby,
repealed, so far as it relates to sentences of imprisonment in die peniten-
tiary.

Soldiers sick hi Sec 8. And be it farther enacted. That when a soldier sick in hospital
cS^/but^ SQa ll have been discharged, or shall be discharged, from the military service,
dying in hospital, but shall be unable to leave* or to avail himself of his discharge, in con-
toiio ^* 11 * 5 sequence of sickness or of wounds, and shall subsequently die' in such
*** hospital, he shall be deemed to have died in the military service, so far as
relates to bounties.
Approved, July 2, 1864 ,

Jury 2, 1864. Chap.CCXVL— An Act to amend an Act entitled <r An Act to aid in the Construction
1882. eh. 120. °f a -ZfatZroarf and Telegraph Line from the Missouri River to the Pacific, Ocean, and
Vo£x&p. 489. 10 secure t° Government the Use of the same fir Postal, Military, and other Purposes,**
1865 ch* 88. ' approved July first, eighteen hundred and sixty-two.

Post, p. 504. j& & enacted by the Senate and House of Representatives of the United
tef stock of Pact Sta* 6 * of America in Congress assembled, That the capital stock of the
fic Railroad to be' company entitled the Union Pacific Railroad Company, authorized by the
$100 each. act of which this act is amendatory,, shall be in shares of one hundred

dollars, instead of one thousand dollars, each ; that the number of shares
Number of 8 hall be one million, instead of one hundred thousand ; and that the num-
^ ace8> ber of shares which any person shall hold to entitle him to serve as a

Directors to director in said company (except the five directors to be appointed by
hold fifty shares, government) shall be fifty shares, instead of five shares ; and that every

subscriber to said capital stock for each share of one thousand dollars,
heretofore subscribed, shall be entitled to a certificate for ten shares of
Part of act of one hundred dollars each ; and that the following words in section first of
1862. ck. 120, § l, said act : u which shall be subscribed for and held in not more than two
"\*5Txu\ p. 490. hundred shares by any one person," be, and the same are hereby, repealed

Sec. 2. And be it further enacted, That the Union Pacific Railroad
. Books of sub- Company shall cause books to be kept open to receive subscriptions to the
^ptopenin^cer- capital' stock of said company, (until the entire capital of one hundred
tain cities.' millions of dollars shall be subscribed,) at the general office of said com*

pany in the city of New York, and in each of the cities of Boston, Phila-
delphia, Baltimore, Chicago, Cincinnati, and Saint Louis, at such places
as may be designated by the President of the United States, and in such
other localities as may be directed by him* No subscription for said stock

THIRTY-EIGHTH CONGRESS. Sbbs* L Ch. 216* 1864

857

shall be deemed valid unless the. subscriber therefor shall, at the time of Sub^rtfon
subscribing, pay or remit to the treasurer of the company an amount per J^ eg8j &<J;
'share subscribed by him equal to the amount per share previously paid
by the then existing stockholders* The said company shall make assess- Assessments,
ments upon its stockholders of not less than five dollars per share; and at
intervals of not exceeding six months from and after the passage of this
act» until the par value of all shares subscribed shall be fully paid ; and
money only shall be receivable for any such assessment, or as equivalents
for any portion of the capital stock hereinbefore authorized. The capital
stock of said company shall not be increased beyond the actual cost of said Stock not to be
road. And the stock of the company shall be deemed personal property, ^^j^l^ii
and shall be transferable on the books of the company, at die general property^**
office of said company in the city of New York, or at such other transfer
office as the company may establish*

Sec. 8. And be it further enacted, That the Union Pacific Railroad Railroads may
Company, and all other companies provided for in this act and the act to S^neoe^y
which this is an amendment, be, and hereby are, empowered to enter upon, for road, &c*
purchase, take, and hold any lands or premises that may be necessary and
proper for the construction and working of said road, not exceeding, in
width one hundred feet on each side of its centre line, unless a greater
width be required for the purpose of excavation or embankment ; and
also any lands or premises that may be necessary and proper for turnouts,
standing places for cars, depots, station housefV], or any other structures
required in the construction and operating of said road* And each of said
companies shalLhave the right to cut and remove trees or other materials
that might by railing -encumber its road-bed, though standing or being
more than one hundred feet therefrom*. Andjn case the owner or claim-
ant of such lands or premises and such company cannot agree as to the
damages, the amount shall be determined by the appraisal of three dis- Bamages.-
interested commissioners, who may be appointed upon application by any
party to any judge of a court of record in any of the territories in which
the lands or premises to be taken lie; and said commissioners, in their
assessments of damages, shall appraise such premises at what* would have Appraisement
been the value thereof if the road had not been built ; and upon return
into court of such appraisement, and upon the payment to the clerk thereof
of the amount so awarded by the commissioners for the use and benefit of
the owner thereof, said premises shall be deemed to be taken by said
company, which shall thereby acquire full title to the same for the pur-
poses aforesaid* And either party feeling aggrieved by said assessment
may, within thirty days, file an appeal therefrom, and demand a jury of Appeal from
twelve men to estimate the damage sustained; but such appeal shall assessment
not interfere with the rights of said company to enter upon the premises
taken, or to do any act necessary in the construction of its road. And
said party appealing shall give bonds with sufficient surety or sureties, for
the payment of any costs that may arise upon 6uch appeal. And in case
the party appealing does not obtain a more favorable verdict, such party
shall pay die whole cost incurred by the /appellee, as well as its own*
And the payment into court for the use of the owner or claimant, of a
sum equal to that finally awarded shall be held to vest in said company
the title of said land, and the right to use and occupy the same for the
construction, maintaining, and operating of the. road of said company*
And in case any of the lands to be taken as aforesaid shall be held by any
person residing without the territory, pt subject to any legal disability, the Damages tq ,
court may appoint a proper person who shall give bonds with sufficient land of absent '
surety or sureties, for the faithful execution of his trust, and who may ownera -
represent in court the person disqualified or absent as aforesaid, when the
same proceeding shall be had in reference to the appraisement of the
premises to be takeri/and with the/ same effect as have been already de-
scribed. And the title of the company to the land taken by virtue of this

.858 THIRTY-EIGHTH CONGRESS* >Skss.L Ch. 210. 1864

act shall not be affected nor impaired by reason of any failure by any guar*
dian to discharge faithfully his trust And in ease it shall be necessary for
Damages to either of the said companies to enter uppn lands which are unoccupied,

imompied an( | f w hich there is no apparent owner or claimant, it may proceed to

take and use the same for the purpose of its said railroad, and may insti-
tute proceedings In manner described for the purpose of ascertaining the
value of, and acquiring a title to, the same ; and the court may determine
the kind of notice to be served on such owner or owners, and may in its
discretion appoint an agent or guardian to represent such owner or owners
in case of his or their incapacity or non-appearance. But in case no
claimant shall appear within six years from the time of the opening of
said road across any land, all claim to damages against said company shall

.Agreements as be barred. It shall be competent for the legal guardian of any infant, or

any other person under guardianship, to agree with the proper company

cUft&hUSty, as to damages sustained by reason* of the taking of any lands of any such

person under disability, as aforesaid, for the use as aforesaid ; and upon
such agreement being- made, and approved by the court having supervis-
ion of the official acts of said guardian, the said guardian shall have fall
power to make and execute a conveyance thereof to the said company
which shall vest the title thereto in the said company*
Amendments Seo» 4. And he it further enacted, That section three of said act be

of ftesi ck°i2a hereby amended by striking out the wofd tt five," where the same occurs

Vol* xa. p. 4B& in said section, and by inserting in lieu thereof the word " ten ; " and by

striking out the word "ten" where the same occurs in said section, and
by inserting in lieu thereof the word " twenty.** And section seven ot
said act is hereby amended by striking out the word u fifteen " whe^e the
same occurs in sa^d section, and inserting in lieu thereof the word u twenty-

1 "Mineral tend" five." And the term* " mineral land,* wherever the- same occurs in this

c^andlron! ^ an ^ tne acfc to wn * cn > ti" 8 « , an amendment, shall not be construed to

include coal and iron land* And any lands granted by this act, or the
act to which this is an amendment, shall not defeat or impair any pre*
PreSmptfoii, emption, homestead, swamp land, or other lawful claim, nor include any

h^^tea^&<^ government reservation or mineral lands, or the improvements of any

r^teno t ected bona fide settler, or any lands returned and denominated as mineral lands,

and the timber necessary to support his said improvements as a miner, or
agriculturalist, to be ascertained under such rules as have been or may be
established* by the commissioner of the general land-office, in conformity
limit to ex- with the provisions of the preemption laws : Provided, That the quantity

empboiu tnug exempted by the operation of this act, and the act to which this act is

an amendment, shall* not exceed one hundred and sixty acres for each
settler who claims as an agriculturalist, and such quantity for each settler
who claims as a miner, as the jsaid commissioner may establish by general
regnlatiop : Provided^ also. That the, phrase "out where the same shall
Timbet contain timber, the timber thereon is hereby granted to said company/' in'
the proviso to said section three* shall not apply to the timber growipg or
being on any land farther than ten miles from the centre Hne of any one
of said roads or branches mentioned in. said act, or in this act And all
granted lands shall be excluded from the operation of this act, and of the act to

ehwS^Srehi! ' which this act is an amendment, which were located, or selected to be

located, under the provisions of an act entitled w an act donating lands, to
the several states and territories which may provide colleges for the
1869, ch. 130* benefit of agriculture and the mechanic aria," approved July second,

VoL xii p. 503, eighteen hundred and sixty-two, and notice thereof given at the proper

laod^mlce.

Time for dea- Sec. 5. And be it- further enacted^ That the time for designating *&e
fih^J?&b general route of said railroad, and of filing Che map of the samct and the
extended, &c time for the completion of that part of the railroads required by tike terms*

of said act of each company, be, and the same is hereby, extended one
year from the time in said aefc designated ; and that the Central Pacific

THIRTY-EIGHTH CONGRESS. Sbss. I. Cm 216. 1864.

85$

Railroad Company of California; shall be required to complete twenty-five

miles of their said road in each year thereafter, and die 'whole to the state Part of com-

fine within four years, and that only one half of the compensation for pensation to pay

services rendered for the government by said companies shall bis required * or bonds *

to be applied to the payment of the bonds issned by the government in

aid of the construction of said roads.

Sec. 6. And be it further enacted^ That the proviso to section four of ^^^^^
said act is hereby modified as follows, viz: And the President of the i862 $ ch. 120, §4.
United States is hereby authorized, at any time after the passage of this Vol* xii. p. 492.
act, to appoint for each and every of said roads three commissioners, as
provided for in the act to which this is amendatory ; and the verified
statement of the president of the California company, required by said
section four, shall be filed in the office of the United States surveyor-gen-
eral for the State of California, instead of being presented to the President
of the United States ; and the said surveyor-general shall thereupon notify
the said commissioners of the filing of such statement, and the said com-
missioners shall thereupon proceed to examine the portion of said railroad
and telegraph line so completed, and make their report thereon to the
President of the United States, as provided 'by the act of which this is
amendatory* And such statement may be filed, and such railroad and Statement may
telegraph line be examined and reported on, by the said commissioners, ^f^V^f* 8 *
and the requisite amount of bonds may be issued and the lands appertain- W hen/&^*
ing thereto may be set apart, located, entered, and patented, as provided
in this act and the act to which this is amendatory, upon the construction,
by said railroad company ef '-California of any portion of not less than
twenty consecutive miles of their said railroad and telegraph line, upon
the certificate of said commissioners that such portion is completed as re-
quired by the act to which this is amendatory. And section ten of the Amendment to
act of which this is amendatory is hereby amended by inserting, after the $ 10 *
words " United Slates," in the last clause, the words " and states inter-
vening.?

Sec. 7. And be it further enacted, That so much of section seventeen Repeal of re*
of said act as provides for a reservation by the government of a portion ^jSj^^^k
of the bonds to be issued to aid in the construction of the said railroads is should be re-
hereby repealed. And the failure of any one company to comply fully served,
with the conditions and requirements of this act, and the act to which this J^^£?™
is amendatory, shall not work a forfeiture of the rights, privileges, t>r affect outers,
franchise of any other company or companies that shall have complied
with the same. •

Sso. 8. And be it further enacted, That for the purpose of facilitating Portion of
the work on said railroad, and of enabling the said company as early «$ ^edwben b8
practicable to commence the grading of said railroad in the region of the engineer,
mountains, between the eastern base of the Bocky Mountains and the certify that a part
western base of the Sierra Nevada Mountains, so that the same may be £ done*
finally completed within the time required by law, it is hereby provided *•
that whenever the chief engineer of die said company, and said commis-
sioners, shall certify that a certain proportion of the work reqaired re-
quired to prepare the road for the superstructure on any such section of
twenty miles is done, (which said certificate shall bejjuty verified,) die
Secretary of the Treasury is hereby authorized and required, upon/ the
delivery of such certificate, to issue to said company a proportion of said
bonds, not exceeding two thirds of the amount of bonds authorized to be
issued under the provisions of the act, to aid in the 'Construction of such
section of twenty miles, nor in any case exceeding two thirds of Yhe value
oi the work done, the remaining one third to remain until the said sec-
tion is fully completed and certified by the commissioners appointed by the
President, according to the terns and provisions of the said act; and no
such bonds shall issue to the Union Pacific Railroad Company for work
done west of Salt Lake City under this section, more than three hundred

860 THIRTY-EIGHTH CONGRESS. Skss- L Ch. 216. 1864

miles in advance of the completed continuous line of said railroad from
the point of beginning on the one hundredth meridian of longitude.
S&c. 9* And be it further enacted. That to enable any one of said cor*
CorpOTafl<m8 porations to make convenient and necessary connections with other roads,
So^to^ and xi IS nere ^y authorized to establish and maintain all necessary ferries upon
construct brldgsa. and across the Missouri River and other rivers which its road may pass in

its course; and authority is hereby given said corporation to construct
bridges over said Missouri River, and all other rivers for the convenience
of said road : Provided, That any bridge or bridges it may construct over
the Missouri River, or any other navigable river on the line of said road,
Draws. shall be constructed with suitable and proper draws for the passage of
steamboats, and shall be built, kept, and maintained, at the expense of said
company in such manner as not to impair the usefulness of said rivers for
navigation to any greater extent than such structures of the most approved
character necessarily do: And provided, further h That any company au-
thorized by this act to construct its road and telegraph line from the Mis*
souri River to the initial point aforesaid, may construct its road and tele*
^Connection . graph line so as to connect with the Union Pacific Railroad at any point
^ith Union Pad* westwardly of such initial point, in case such company shall deem such
fie Railroad. westward connection more practicable or desirable ; and in aid of the con-
struction of so much of its road and telegraph line as shall be a departure
from the route hereinbefore provided for its road, such company sfaali be
entitled to all t^e benefits, and be subject to aU the conditions and restric-
Provfeo. . tions, of this SLci&Providedj further, however, That the bonds of the United
States shall not be issued to such company for a greater amount than is
hereinbefore provided, if the same had united with the Union Pacific Rail*
road on the 100th degree of longitude ; nor shall such company be en*
titled to receive any greater amount of alternate sections of public lands
than are also herein providedt
First mortgage Sec. 10. And be it further enacted, That section five of said act be so
IfS^ch. 120 65 ino ^ a ^ - imtt * amended that the Union Paeiflo Railroad Company, the
Vol sit p. &2. Central Pacific Railroad Company, and any other company authorized to
participate in the construction of said road) may, on the completion of
each section of said road, as provided in Ibis act and the act to which this
act is an amendment, issue their first mortgage bonds on their respective
railroad a$<$ telegraph lines to an amount not exceeding the amount of
the bonds rof the United States, and of even tenor and date, time of
maturity, rate and character of interest with the bonds authorized to be
Lien of the issued to said railroad companies respectively* And the lien of the
United States, United States bonds shall be subordinate to that of the bonds of any or*

either of said companies hereby authorized to be issued on their respective
roads, property, and equipments, except as to the provisions of the sixth
section of the act to which this act is an amendment, relating to the trans-
mission of despatches and the transportation of mails, troops, munitions of
war, supplies and public stores for the government of the United States.
• And said section is further amended by striking out the word " forty,"
and inserting in lieu thereof the words " on each and every section of not
less than twenty*"

Provfeion for Sec. 11. And be it further enacted, That if any of the railroad companies
JjjJjJ^J entitled to bonds of the United States, or to isdue their first mortgage
company. bonds herein provided for, has, at the time of the approval of this act,

issued, or shall thereafter issue, any of its own bonds or securities in such
form or manner as in law or equity to entitle the same ^priority or pref-
erence oftpayment to the said guaranteed bonds, or said first mortgage
bonds, the amount of such corporate bonds outstanding and unsatisfied,
or uncancelled, shall be deducted from the amounfc.of such government
and first mortgage bonds which the company may be entitled to receiye
and issue; and such an amount only of such government. bonds and. such
first mortgage bonds shall be granted or permitted, as addpct to a&ahtwt-

THIRTY-EIGHTH CONGRESS. Sbs&j L Cb. 216. 1864.

$81

riawling, .unsatisfied, or uncancelled . bonds of ike company shafi make up Outstanding
tbe whole amount per mile to which the company would otherwise have
been entitled $ And provided, further, That be&re any bonds shall be so Proviso*,
given by die United States, the company claiming them shall present to
the Secretary of die Treasury an affidavit of the president and Secretary
of the company, to tye sworn to before the judge of a court of record, set-
ig forth whether said company has issued any such bonds or securities,
and, if so, particularly describing the same, and such other evidence as
jthe secretary may require, so* as to enable him to make the deduction
herein required ; and such affidavit shall then be filed and deposited in
the oj&ce, of the Secretary of the Interior* And any person swearing
falsely to any such affidavit, shall be deemed guilty of-perjuryy and, on
conviction thereof, shall be punished as aforesaid : Provided, cdsa, That
ao land granted by this act shall be conveyed to any party or parties and
ao bonds shall be issued to any company or companies, party or parties,
on account of any road or part thereof, made prior to the passage of the
act to which this act is an amendment, or made subsequent thereto trader
the provisions of any act or acts other than this act, and the acVamended
by this act*

Sec* 12* And be it further enacted, That the Leavenworth, Pawnee, and _ Union Pacific
Western Railroad Company, now known as the Union Pacific Railroad S^^&JftT
Gbmpany^eastern division, shall build the railroad from the mouth of Kansas build rallnaS,
River, by the way of Leavenworth, or, if that be not deemed the best route,
then the said company shall, within two years, build a railroad from the
city of Leavenworth to unite with the main stem at or near fhe cify of
Lawrence ; but to aid in the construction of said branch the said company
shall not be entitled to any bonds. And if the Union Pacific Railroad Not entitled to
Company shall not be proceeding in good faith to build the said railroad toads therefor,
through the territories when the Leavenworth, Pawnee, and Western
Railroad Company, now known as the Union Pacific Railroad Company,
eastern division, shall have completed their road to the hundredth degree
of longitude, then the last-named company may proceed to make said road
westward until it meets and connects with the Central Pacific Railroad
Company on the- same line. And die said railroad^ from the mouth of
Kansas River to' die one hundredth meridian of longitude shall be' made
by the way of Lawrence and Topeka, or on the bank of the Kansas River
opposite' said towns : Provided, That no bonds shall be issued or land Proviso,
certified by die United States to any person or company, for the con-
struction of any part of the main trunk-line of said railroad west .of the
one hundredth meridian of longitude and east of the Rocky Mountain'
unt&.satd road shall be completed from or near Omaha, dn the Missouri
River, to the said one hundredth meridian of longfitude.

Sec. IS. And be it further enacted, That at and after the nest election
of directors, the number of directors to be elected by die stockholders Number of
shall be fifteen ; and the number of directors to be appointed by the doctors.
President shall be five $ and the President shaU appoint three additional
directors to serve until the next regular election, and thereafter five di-
rectors. At least one of said government directors shall be placed on Government
each of the standing committees of said company, and at least one on directors,
every special committee that may be appointed* The government direct-
ors shall, from time to flme, report to the Secretary of the Interior, in Report to
answer to any inquiries he may make of them, touching the condition, ^refe^y of the *
management, and progress of the work^ and shall communicate to die
Secretary of the Interior, at any time, such information as should be in
the possession of the department They shall, as often as may be neces-
sary to a full knowledge of the condition and management of die line,
visit all portions of die fine of road, whether built or surveyed; and
while absent from home, attending to their dudes as directors, shall be
paid their actual travelling expenses, and be allowed and paid such rea*

VOL* XIII. PtfR, — 31

862

THIRTY-EIGHTH CONGBESS. Seas- L Ck. 216. 1864

sonable compensation for their time actually employed as the board of
directors may decide*

Next election Sec. 14. And be it further enacted, That the next election for directors
of director*. of ^ railroad shall be held on the first Wednesday of October next, at

the office of said company in the city of New York, between the hoars of
ten o'clock a* m. and four o'clock p. vcu of said' day ; and all subsequent
Eegular eleo- regular elections shall be held annually thereafter at the same place ; and
nSa the directors shall hold their offices for one year, and until their successors

are qualified.

Sec/15. And be it farther enacted, That the several companies autho-
• Roads and rized to construct the aforesaid' roads are hereby required to operate and

m^^wi^coL use roads and telegraph *fbr all purposes of communication, travel,

tinuoas line. acd transportation, so far as the public and the government are concerned,

as one continuous line ; and, in such operation and use, to afford and se-
cure to each equal advantages and facilities as to rates, time, and trans-
portation, without any discrimination of any kind in favor of the road or
business of any or either of said companies, or adverse to the road or busi-
ness of any or either of tie others, and it shall not be lawful for the pro-
prietors of any line of telegraph, authorized by this act, or the act
amended by this act'to refuse, or fail to convey for all persons requiring
the transmission of news and messages of like character, on pain of for-
feiting to the person injured ftfr each offence, the sum of one hundred dol-
lars, and such other damage as he may have suffered on account of said
refusal or failure, to be sued for and recovered in any court of the United
' States, or of any state or territory of competent jurisdiction,
tympanies Sec. 16. And be it further enacted, That any two or more of the com-

may^be. coBsoli- panics authorized Jo participate in the benefits of this act, are hereby au-
thorized at any time to unite and consolidate their organization^ as the
Mode of pro- same may or shall be, upon such terms and conditions, and in such man-

eedure. ner gg they may agree upon, and as shall not be incompatible with this

act,' or the laws of the state or states in which the roads of such com-
panies may be, and to assume and adopt such corporate name and style as
they raa'y agree upon, with a capital stock not to exceed the actual cost of
the roads so to be consolidated, and shall file a copy of such consolidation
in the Department of the Interior ; and thereupon such organization, so
formed and consolidated, shall succeed to, possess, and be entitled to receive
from the government of the United States, all and singular the grants,
benefits, immunities, guarantees, acts, and things to be done and performed,
and be subject to the same terms, conditions, restrictions, and require-
ments which said companies respectively, at the time of such consolida-
tion, are or may be entitled or subject to under this act, in place • and
substitution of said companies so consolidated respectively* And all other
provisions of this act, so far as applicable, relating or in any manner ap-
pertaining to the companies so consolidated, or either thereof, shall apply
and be of force as to such consolidated organization. And in case upon
the completion by such consolidated organization of the roads, or either of
them, of the companies so consolidated, any, other of the road or roads of
either of the other companies authorized as aforesaid, (and forming, or in-
tended or necessary to form, a portion of a continuous line from each of
the several points on the Missouri River, hereinbefore designated, to the
Pacific coast,) shall not have constructed the number of miles of its said
road within the time herein required, such consolidated organization is
hereby authorized to continue the construction of its road and telegraph
in the general direction and route upon which such incomplete or uncon-
structed road is hereinbefore authorized $o be built* until such continuation
of the, road of such consolidated organization shall reach the constructed
road and telegraph of said other company, and at such point to connect
and unite therewith ; and for and in aid thereof the said consolidated or-
ganization, mqy do and perform, in reference to such portion of road and

THIRTY - EIGHTH CONGRESS, Sess. I Cte.216. 1864

telegraph as shall so be in continuation of its tonstructed road and tel- t j^^^^^ u "
egraph, and to tbe construction and, equipment thereof all and singular, dated organiza-
the several acts and things hereinbefore provided, authorized, or granted tion.
to be done by the company hereinbefore authorized to construct and equip
the same, and shall be entitled to similar and like grants, benefits, immu-
nities, guarantees, acts, and things to be done and performed by the gov
eminent of the United States, by the President o£ the United States, by
the Secretaries of the Treasury and Interior, and by commissioners in ref-
erence to such company, and to such portion of the road hereinbefore au-
thorized to be constructed by it, and upon the like and similar terms and
conch*tions,*80 far as die same are applicable thereto* And said consoli-
dated company shall pay to said defaulting company the value to be esti-
mated by competent engineers of all the work done and material furnished
by said defaulting company, which may be adopted and used by said con-
solidated company in the progress of the work under the provisions of
this section : Provided, nevertheless, That said defaulting company* may at Proviso
any time, before receiving pay for its said work and material, as herein-
before provided, on its own election, pay said consolidated company the
value of the work done and material furnished by said consolidated com-
pany, to be estimated by competent engineers, necessary for, and used in,
the construction of the road of said defaulting company, and resume the
control of its said road ; and all the rights, benefits, and privileges which
shall be acquired, possessed, or exercised, pursuant to this section, shall be
to that extent an abatement of the rights, benefits, and privilege's herein*
before granted to such other' company* And in case any company autho-
rized thereto, shall not enter into such consolidated organization, such*
company, ^upon the completion of its road as hereinbefore provided^ shall
be entitled to, and is hereby authorized to, continue and extend the same
under the circumstances, and in accordance with phe provisions of .this
section, and to have all the benefits thereof, as fully and completely as arc
herein provided, touching such consolidated organization. And in ease
more than one such consolidated organization shall be made, pursuant to *
this act, the terms and conditions of this act, hereinbefore recited' as to
one, shall apply in like manner, force, and effect to the other. Provided, Proviso.
however, That rights and interests at any time acquired by one such con-f
solidated organization, shall not be impaired by another thereof. It is
" further provided that, should the Central Pacific Railroad Pompany of
California complete their line to the eastern line of the State of Califor-
nia, before the line of the Union Pacific Railroad Company shall have been
extended westward so as to meet the line of said first-named company, said*
first-named company may extend their line of road eastward one hundred
and fifty miles on the established route, so as to meet and connect* with
the' line of the Union Pacific road, complying in all respects with the pro-
visions and restrictions of this act as to said Union Pacific road, and upon
doing so, shall enjoy all the rights, privileges, and benefits conferred by
this act on said Union Pacific Railroad Company.

Sec. 17. And be it further enacted, That so much of section fourteen Branch from
of said act as relates to a branch from Sioux (Sty be, and the same' is Si i|02? 120
hereby, amended so as to read as follows : That whenever a line of rail- § 147 '
road shall be completed through the States of Iowa, or Minnesota, to Vb** x& P*
Sioux City, such company, now organized or may hereafter be organized
under the laws of Iowa, Minnesota, Dakota, or Nebraska,' as the Pr#gfe»
dent of the United States,* by its request, may designate or approve foiT
that purpose, shall construct and operate a line of railroad and teleg&{Jftt*
from Sioux City, upon the most direct and practicable route, to* snob 4*
point on, and so as to connect with, the Iowa branch of the Union P&ftifid
Railroad from Omaha, or the Union Pacific Railroad, as such company may
select, and on the same terms and conditions as are provided ' thfe asetf
and the act to which this is an .amendment, for the construction of the

364 THIRTY-EIGHTH CONGRESS. Sisss*L Cn.216.

Unkm Pacific said Union and Pacific Railroad and telegraph line jand branches ; and said,
nof^stru^ * company shall complete the same at the rate of fifty. miles per year:
the branch. Prodded, That said Union Pacific Railroad Company shall be, and is

hereby, released from the construction of said branch. And said corn-
Bonds, pany constructing said branch shall not be entitled to receive in bonds an
amount larger than the said Union Pacific Railroad Company would be
entitled to receive if it had constructed the branch under this act and
the act to which this is an amendment ; but said company shall be entitled
Lands, to receive alternate sections of land for ten miles in width on each side
of the same along the whole length of said branch : And provided, further^
Time of com- That if a railroad should not be completed to Sioux City, across Iowa
pletion. or Minnesota, within eighteen months from the date of this act, then said

company designated by the President, as aforesaid, may commence, con-
tinue, and complete the construction of said branch as contemplated by
the provisions of this act : Provided, however, That i? the staid company
so designated by the President as aforesaid shall nut complete the said
branch from Sioux City to the Pacific Railroad within ten years from the
Forfeiture i£ passage of this act, then,- and in that case, all of the railroad which shall
&c * have been constructed' by said company shall be forfeited to, and become

the property of, the United States. ,
Burlington and Sec. 18* And be it further enacted, That the Burlington and Mis-
Missouri Biver 80 uri River Railroad Company, a corporation organized under and by
road may extend viptue rf tbe kwg ^ the gtate rf j owa? ^ and hereby is, authorized to

extend ift]s road through the Territory of 'Nebraska from the point
where it strikes the Missouri River, south of the mouth of the Platte
River, to some point not further west than the one hundredth meridian of
west longitude, so as to connect, by the" most practicable route, with the
mam trunk of the Union Pacific Railroad, or that part of it which runs
from Omaha to the said one hundredth meridian- of west longitude. And,
for the purpose of enabling said Burlington and' Missouri River Railroad
Company to construct that portion of their road herein authorized, the

Eight of way. right of way through the public lands is hereby granted to said company
for the construction of said road. And the right, power, and authority is
hereby given to said company to take from the public lands adjacent to the
line of said road, earth, stone, timber, and other materials for the construc-
tion thereof. Said right of way is granted to said company to the extent
of two hundred feet where- it may pass over the public lands, including
all necessary grounds for stations, buildings, workshops, depots, machine
shops, switches, side-tracks, turn-tables, and water-stations. And the,

&dian titlesi to United States shall extinguish,* as rapidly as may be, consistent with pub*
t»e extinguish. ^ ^ ^ e welfere the ^ Indians, the Indian titles to all lands

falling under the operation of this section and required for the said right
of way and grant of land herein made. . ,

*SfiC» 19* And be it further enacted, That for the purpose of aiding in

Lands granted. ^ construction of said road, there be, and hereby ia^ granted to . the $aid
Burlington and Missouri River Railroad Company/every alternate sec*
tion of public land (excepting mineral lands as provided in this act) des-
ignated by odd numbers, to the amount of 'ten alternate sections per mile
en each side of said road, on the line thereof, and not sold, reserved, or
otherwise disposed of by the United States, and to which a preemption or
homestead Claim may not have attached at the time the line of said* road

p * ovlso - is definitely fixed : Provided!, That said company shall accept this grant 4

within una year from the passage of this act, bjr filing suc$t acceptance

with the Secretary of the Interior, and shall also establish the line of said

road, and file a map thereof with the -Secretary of the Interior within one^

year of the date of said acceptance, 'when the said Secretary shall witjfc

r< • *~ draw- t norlands embraced in this grant from market. . lf

Commission to JZr^7 * >. *** J**** 7 0****** ** v z* "< n y # , 1 • *>

he appointed. Sec. -20. And be %t further enacted, That, whenever said Burjjn^on

and 'Missouri' River Railroad Ctompttny shall have completed twenty coii"

THIRTY-EIGHTH CONGRESS, &sss.L Ch. 216, 217; 1864

secutive miles of the road mentioned in the foregoing section, in (be man-
ner provided for other roads mentioned in this act, and the act to which
this is an amendment, the President of the United States shall appoint
.three commissioners to examine and report to him in relation thereto ; and
if it shall appear to him that twenty miles of said road have been com- p atent8 ^
pleted as required by this act, then, upon certificate of said commission- i 8sue .
er[s] to that effect, patents shall issue conveying the right and title to said
lands to said company on each side of said road, as far as the same is com-
pleted, to the amount aforesaid; and such examination, report, and con-
veyance, by patents, shall continue from time to time, in like manner, un-
til said road shall have been completed* And the President shall appoint
said commissioners, fill vacancies in said commission, as provided jn rela-
tion to other roads mentioned in the act to which this is an amendment.
And the said company shall be entitled to all the privileges and immuni-
ties granted to the Hannibal and Saint Joseph's Railroad Company by the
said last-mentioned act, so far as the same may be .applicable z Provided, Provisos.
That no government bonds shall be issued to the said Burlington and Mis-
souri River Railroad Company to aid in the construction of said extension
of its road: And provided, further. That said extension shall be completed
within the period of ten years from the passage of this act.

Seo. 21* And be it further enacted, That before any 'land granted by Cfc|t ofsnrvey-
this act shall be conveyed to any company or parry entitled thereto under 2£j coo-
this act, there shall first be paid into the treasury of the United - States, veyaaces are
the cost of surveying, selecting, and conveying the same, by the said com- *****
pany or par ty in i nterest, as the titles shall be required by said company,
which amount shall, without any further appropriation, stand to the credit
of the proper account, to be used by the commissioner of the general land-
office for die prosecution of the survey of the public lands along the line
of said road, and so from year to year until the whole shall be completed,
as provided under the provisions of this act

Sec. 22. And be it farther enacted, That congress may, at any time, al- This act m&y
ter, amend, or repeal this act be altered? &c

Approved, July 2, 1864.

Chap. CCXVH— An Act granting Loads to aid in the Oorutrw^ofa Bmlroad and Jriy 2, 186*.
Telegraph lane from Lake Superior to Pugets Sound, «n the Pacific Coast, by the ~
Northern Route.

Be it enacted by the Senate and Mouse of Representatives of the United
States of America in Congress assembled, That Richard IX Bice, John A. Northern Pad-
Poore, Samuel P. Strickland, Samuel C. Fessenden, Charles P. Kimball, ^^^^T
Augustine Haines, Edwin B. W. Wiggiii, Anson P. Morrill, Samuel J. An- ateJ
derson, of Maine ; Willard Sears, £ & Withington, Josiah Perham, James Kernes of cor-
M. Becket, A. W. Banfield,Abiel Abbott, John Newell, Austin L. Rogers, porator8 -
Nathaniel Greene, jnr., Oliver Frost, John A. Bass, John O. Bresbrey,
George Shiverick, Edward TFyler, Filander J. Forristall, Ivory H. Pope,
of Massachusetts ; George Opdyke, Fairley Holmes, John Hoggins, Phi*
lander Reed, George Briggs, Chauncy "Vibbard,* John C. Fremont, of New
York ; Ephraim Marsh, John P. Jackson, jr., of New Jersey ; S. 1L
Felton, John Toy, O. J* Dickey, B. F. Archer, G. W. Cass, J. Edgar
Thompson, John A. Green, of Pennsylvania ; T. M. AHyn, Moses W.
Wilson, Horace Whittaker, Ira Bliss, of Connecticut ; Joseph A. Gilmore,
Onslow Steams, E. P. Emerson, Frederick Smyth, Wpjam E. Chan-
dler, of New Hampshire*; Cyrus Aldrich, H. M. Rice, John McKusick,
H. C. Waite, Stephen Miller, of Minnesota; E. A. Chapin, John Greg-
ory Smi^h, George Merrill, of .Vermont; James Y. Smith, William S.
Slater, Isaac H. Southwick, Earl P. Mason, of Rhode Island £ Seth Fuller,
William Kellogg, U. S. Grant, William B. Ogdeu,. William &" Greene,
Leonard Sweat, Henry W. Blodgett, Porter Sheldon, of Illinois; J* M.
Winchell, Elsworth Gheesebrougn, James S. Emery, of Kansas; Richard

81*

366

THIRTY-EIGHTH CONGRESS. Sess. I. Ch* 217. 1864.

Powers, &c

May lay oat,
&c M a railroad
and telegraph
line.

Northern Paci- F* Perkins, Richard Chenery, Samuel Brannan, George Rowland,
^ Byroad Com- Henry p Jatt> f California; William R Mercer, James W. Brownley, of

Virginia ; John H. B. Latrobe, W. Prescott Smith, of Maryland ; Green-
bury Slack, A. J. Boreman, of West Virginia ; Thomas E. Bramlette,
Frank Shorin, of Kentucky ; John Brougb, John A. Bingham, Oran
Follett, John Gardner, S* S. L'Hommedieo, Harrison G. Blake, Philo
Chamberlin, of Ohio ; John A. Duncan, Samuel M. Harrington, of Del-
aware ; Thomas A. Morris, Jesse L; Williams, of Indiana ; Samuel L.
Case, Henry L. Hall, David H. Jerome, Thomas D. Gilbert, C. A*
Trowbridge, of Michigan ; Edward H. Broadhead, Alexander Mitchell,
Benjamin Ferguson, Levi Sterling, Marshal, of Wisconsin; J. C.

Aittsworth, Orlando Humason, H. W. Corbett, Henry Failing, of Oregon ;
J. B. S. Todd, M. K. Armstrong, J. .Shaw Gregory, J. Le Berge, of
Dakota Territory; John Mullan, Anson G. Henry, S. D. Smith, Charles
Terry, of Washington Territory ; H. W. Starr, Piatt Smith, Nkon Den-
ton, William Leighton, B. R Allen, Reuben Noble, John L. Davies, of
Iowa ; Willard P. Hall, George R. Smith, H. Gayle King, John C Sar-
geant, of Missouri ; William H. Wallace, of Idaho Territory ; J. H.
Lathrop, Henry D. Cooke, H. E. Merrick, of the District of Columbia,
and all such other persons who shall or may be associated with them, and
their successors, are hereby created' and erected into a body corporate and
politic, in deed and in law, by the name, style, and title of* the* Northern
Pacific Railroad Company,* and by that name shall have' perpetual
succession, and shall be able to sue and to be sued, plead and be
impleaded, defend and be defended, in all courts of, law and equity
within the United States, and may make and have a common seal.
And said corporation is hereby authorized and empowered to lay out, lo-
cate, construct, iurnish, maintain, and enjoy a continuous railroad and
telegraph line, with the appurtenances, namely; beginning at a point on
Lake Superior, in the State of Minnesota or Wisconsin ; thence westerly
by the most eligible railroad route, as shall be determined by said com-
pany, within the territory of the United States, on a line north of the
forty-fifth degree of latitude to some point on Puget's Sound, with a
branch, via the valley of the Columbia River, to a point at or near Port-
land, in the State of Oregon, leaving the main trunk-line at the most suit*
able place, not more than three hundred miles from its western terminus ;
and is hereby vested with all the powers, privileges, and immunities ne-
cessary to carry into effect the purposes of this act as herein set forth*
Capital stock. The capital stock of said company shall consist of one million shares of
one hundred dollars each, which shall in all respects be deemed personal
property, and shall be transferable in sueh manner as the by-laws of said
corporation shall provide* The persons hereinbefore named are hereby
Commissioners, appointed commissioners, and shall be called the board of commissioners
of the " Northern Pacific Railroad Company," and fifteen shall constitute
5^T"«*h a quorum for the transaction of business. The first meeting of said board
of comanSSonera. °^ commissioners shall be held at the Melodton hall, in the city of Bos-
ton, at such time as any five commissioners herein named from Massachu-
setts shall appoint, not more than three months after the passage of this
act, notice of which shall be given by them to the other commissioners by
publishing said notice in at least one daily newspaper in the cities of Bos-
ton, New York, Philadelphia, Cincinnati, Milwaukee, and Chicago, once a
week at leastfour weeks previous to the day of meeting. . Said board shall
organize by tl«f choice from its number of a president, vice-president, sec-
retary, and treasurer, and they shall require from said treasurer such bonds
as may be deemed proper, and may from time to time increase the amount
thereof as they may deem proper. The secretary shall be sworn to the
faithful* performance of his duties, and such oath shall be entered upon
the records of the company, signed by him, and the oath verified thereon.
The president and secretary of said board shall in like manner call all

Officers, &c

THIRTY-EIGHTH CONGRESS* Sess*I* Ch. 217. 1864

B67

other meetings, naming the time and place thereof* It shall he the duty Meetings,
of said hoard of commissioners to open hooks, or cause hooks to he opened,
at such times, and in such principal cities or other places in the United Books of sub-
States, as they, or a quorum of them, shall determine; within six months scriptl011 *
after the passage of this act, to receive subscriptions to the capital stock
of said corporation, and a cash payment of ten per centum on aU subscrip-
tions, and to receipt therefor* So soon as twenty thousand shares shall
in good faith be subscribed for, and ten dollars per share actually paid
into the treasury of the company, the said president and secretary of said
board of commissioners shall appoint a time and place for the first meeting First meeting
of the subscribers to the stock of said company, and shall give notice thereof ^^ >scrlbcr8 10
in at least one newspaper in each state in which subscription books have
been opened, at least fifteen days previous to to the day of meeting, and such
subscribers as shall attend the meeting so called, either in person or by
lawful proxy, then and there shall elect by ballot thirteen directors for Directors,
said corporation; and in such election each share of said capital stock
shall entitle the owner thereof to one vote* The president and secretary
of the board of commissioners, and, in case of their absence or inability,
any two of the officers of said board, shall act as inspectors of said elec- Inspectors of
tion, and shall certify under their hands the names of the directors elected elect,on -
at said meeting; and the said commissioners, treasurer, and secretary, shall Co»«>isdoiiers
then deliver over to said directors all the properties, subscription hooks, director?
and other books in their possession, and thereupon the duties of said com-
missioners, and the officers previously appointed by them, shall cease and
determine forever, and thereafter the stockholders shall constitute said
body politic and corporate. Annual meetings of the stockholders of the Annual meet-
said corporation for the choice -of officers (when they are to be chosen)
and for the transaction of business shall be holden at such time and place
and upon such notice as may be prescribed in the by-laws.

Sec. 2. And he it further enacted. That the right of way through the Bight of way*
public lands be, and the same is hereby, granted to said " Northern Pacific
Kailroad Company/' its successors and assigns, for the construction of a rail-
road and telegraph as proposed ; and the right, power, and authority is
hereby given to said corporation to take from the public lands, adjacent to
the line of said road; material of earth, stone, timber, and so forth, for the Materials for
construction thereof. Said way is granted to said railroad to the extent con8tractiQtK
of two hundred feet in width on each side of said railroad where it may
pass through the public domain, including all necessary ground for sta-
tion buildings, workshops, depots, machine snogs, switches, side tracks,
turn-tables, and water-stations ; and the right of way shall be exempt
from taxation within the territories of the United States. The United Indian titles to
States shall extinguish, as rapidly as may be consistent with public policy be extinguished,
and the welfare of the said Indians, the Indian titles to all lands falling
under the operation of this act, and acquired in the donation to the [road]
named in this bill.

Sec. 8* And be it further enacted, That there be, and hereby is,
granted to the u Northern Pacific Railroad Company," its successors and Grant of public
assigns, for the purpose of aiding in the construction of said railroad and land**
telegraph line to the Pacific coast, and to secure the safe and speedy
transportation of the mails, troops, munitions of war, and public stores,
over the route of said line of railway, every alternate section of public
land, not mineral, designated by odd numbers, to the amount of twenty
alternate sections per mile, on each side of said railroad line, as said
company may adopt, through the territories of the United States, and ten
alternate sections of land per mile on each side of said railroad whenever
it passes through any state, and whenever on the line thereof, the United
States have full tide, not reserved, sold, granted, or otherwise appropriated,
and free from preemption, or other claims or rights, at die time the
line of said road is definitely fixed, and a plat. thereof filed in the office

•368

THIRTY-EIGHTH CONGRESS/ Sess*L Ch. 217. l'S64u

of the commissioner of the general land-office ; and, whenever, prior
to said lime, any of said sections or parts of sections shall have been
granted, sold, reserved, occupied by homestead settlers, or preempted,
.or otherwise disposed of, other lands shall be selected by said company in
of tfie* mmd. Meu <bererf » m * ev 106 direction of the Secretary of the Interior, in al-
&c nsenreo, ternate sections, and designated.by odd numbers, not more than ten miles
Provisos, beyond the limits of said alternate sections : Provided, That if said route
shall be found upon the line of any other railroad route to aid in the con-
struction of which lands have been heretofore granted by the, United
States, as far as the routes are .upon the same general Hue, the amount of
land heretofore granted shall be deducted from die amount granted by
this act : Provided, farther, That the railroad company receiving the
previous grant of land may assign their interest to said " Northern Pacific
Railroad Company," or may consolidate, confederate, and associate with
said company upon the terms named in the first section of this act:
eaKS?* 81 *** Provided, further, That all mineral lands be, and the same are hereby,

excluded from the operations of this act, and in lieu thereof a like quan-
tity of unoccupied and unappropriated agricultural lands, in odd num-
bered sections, nearest to the line of said road may be selected as above
provided : And provided, further, That the word " mineral," when it oc-
curs in this act, shall not be held to include iron or coal ; And provided)
further, That no money shall be drawn from the treasury of the United
States to aid in the construction of the said " Northern Pacific Railroad."
Sec. 4 And be it further enacted, That whenever said " Northern
Commissioners. Pacific Railroad Company " shall have twenty-five consecutive miles of
any portion of said railroad and telegraph line ready for the service con-
templated, the President of the United States shall appoint three com-
missioners to examine the same, and if it shall appear that twenty-live
consecutive miles of said road and telegraph line have been completed in
a good, substantial, and workmanlike manner, as in all other respects re-
quired by this act, the commissioners shall so report to the President of
the United States, and patents of lands, as aforesaid, shall be issued to
said company, confirming to said company the right and title to said lands,
situated opposite to, and coterminous with, said completed section of said
road ; and, from time to time, whenever twenty-five additional consecu-
tive miles shall have been constructed, completed, and in readiness as
aforesaid, and verified by said commissioners to the President of the
United States, then patents shall be issued to said company conveying
the additional sections of land as aforesaid, and so on as mat as every
twenty-fire miles of said road is completed as aforesaid : Provided, That
not more than ten sections of land per mile, as said road shall be com-
pleted, shall be conveyed to said company for^all that part of said rail-
road lying east of the western boundary of the State of Minnesota, until
the whole of said railroad shall be finished and in good running order,*
as a first-class railroad, from the place of beginning on I*ake Superior to
the western boundary of Minnesota: Provided, also, That lands shall
not be 'granted under the provisions of this act on account of any rail*
road, or part thereof constructed at the date of Jhe passage of this act

Seo. 5. And be it further enacted, That said Northern Pacific Rail*
road shall be constructed in a substantial and workmanlike manner, with
all the necessary draws, culverts, bridges, viaducts, crossings, turnouts,
stations, and watering places, and all other appurtenances, including furni-
ture, and rolling stock, equal in all respects to railroads of the first class,
when prepared for* business, with rails of the best quality, manufactured
from American iron. And a uniform gauge shall be established through-
out the entire length of the road. And there shall be constructed a tele-
Telegraph line, o^ph line, of the most substantial and approved description, to be oper-
ated along the entire line: Provided, That the said company shall not
charge the government higher rates than they do. individuals for like

Railroad to be
constructed in,
&c

Gauge.

THIRTY-EIGHTH CONGRESS, Sesb.T Ch. 217. 1864

transportation and telegraphic service. And it shall be the duty of the
Northern Pacific Railroad Company to permit any other railroad which
shall be authorized to be buOt by the United States, or by the legislature °^**oads
of any territory or state in which the same may be situated, to* form Sections,
running connections with it, on fair and equitable terms.

Sec* 6. And be it further enacted, That the President of the United Lands on both
States shall cause the lands to be surveyed for forty miles in width on Srveyed^ &c.
both sides of the entire line of said road, after the general route shall be
fixed, and as fast as may be required by the construction of said rail
road ; and the odd sections of land hereby granted shall not be liable to
sale, or entry, or preemption before or after they are surveyed, except
by said company, as provided in this act ; but the provisions of the act
of September, eighteen hundred and forty-one, granting preemption 1841, ch. is,
rights, and the acts amendatory thereof and of the act entitled « An act Voi v * ™*
to secure homesteads to actual settlers on the ,public domain," approved
May twenty, eighteen hundred and sixty-two, shall be, and the same are 18G2, ch. 75.
hereby, extended to all other lands on the line of said rord, when sur- Vo1 -
veyed, excepting those hereby granted to said company. And the re-
served alternate sections shall not be sold by the government at a price
less than two dollars and fifty cents per acre, when offered for sale*

Sec. 7. And be it further enacted. That the said " Northern Pacific Company may
Railroad Company " be, and is hereby, authorized and empowered to*^ 6 ^"^^^
enter upon, purchase, take, and hold any lands or premises that may be 8817 1
necessary and proper for the construction and working of said road, not
exceeding in width two hundred feet on each side of the line of its rail-
road, unless a greater width be required for the purpose of excavation or
embankment ; and also any lands or premises that may be necessary and
proper for turnouts, standing places for cars, depots, station-houses, or any
other structures required in the construction and working of said road.
And the said company shall have the right to cut -and remove trees and
other material that might, by falling, encumber its road-bed, though stand-
ing or being more than two hundred feet from the line of said road.
And in ease the owner of such lands or premises and the said company
cannot agree as to the value of the premises taken, or to be taken, for Damaged, how
the use of said road, the value thereof shall be determined by the ap- d etermm *d»
praisal of three disinterested commissioners, who may be appointed, upon
application by either party, to any court of record in any of the territo-
ries in which the lands or' premises to be taken lie ; and said commis-
sioners, in their assessment of damages, shall agpraise such premises at
what would have been the value thereof if the road had not been built
And upon return into court of such appraisement, and upon the payment
into the same of the estimated value of the premises taken for the use
and benefit of the owner thereof, said premises shall be deemed to be
taken by said company, which shall thereby acquire full title to the same
for the purposes aforesaid* And either party feeling aggrieved at said
appraisement may, within thirty days after the same has been returned Appeal from
into court, file an appeal therefrom, and demand a jury of twelve men to assessment
estimate the damage sustained ; but such appeal shall not interfere with
the rights of said company to enter upon the premises taken, or to do any
act necessary and proper in the construction of its road. And said parry
appealing shall give bonds, with sufficient surety or sureties, for the pay-
ment of any cost that may arise upon such appeal ; and in case the
party appealing does not obtain a verdict, increasing or diminishing, as
the case may be, the award of the commissioners, such party shall pay
the whole cost incurred by the appellee, as well as his own, and the pay-
ment into court, for the use of the owner of said premises taken, of a sum
equal to that finally awarded, shall be held to vest in said company the
title of said land, and of the right to use and occupy the same for the
construction, maintenance, and operation of said road. And in case any

870 THIBTY-EIGHfEt CONGRESS. Smb.! Ch. 217. 1864

of the lands to be taken, as aforesaid) shall be held by any infant, femme
covert, non compos, insane person, or persons residing without the terri-
fnfenSf 8 heJa ^ within which the lands to be taken lie, or persons subjected to any
under any^S 18 Usability, the court may appoint a guardian for any party under
disability. any disqualification, to appear in proper person, who shall give bonds,

with sufficient surety or sureties, for the proper and faithful execution of
his trust, and who may represent in court the person disqualified, as afore-
said, from appearing, when the same proceedings shall be had in refer-
ence to the appraisement of the premises to be taken for the use of said
company, and with the same effect as has been already described ; and
the title of the company to the lands taken by virtue of this act shall not
be affected or impaired by reason of any failure ' by any guardian to dis-
charge faithfully his trust And in case any party shall have a right, or
claim to any land for a term of years, ov any interest therein, in posses-
sion, reversion, or remainder, the value of any suck estate, less than a
fee simple, shall be estimated and determined in the manner hereinbefore
set forth. And in case it shall be necessary for the company to enter
upon any lands which are unoccupied, and of which there is no apparent
owner or claimant, it may proceed to take and use the same for the pur-
poses of said railroad, and may institute proceedings, in manner described,
for the purpose of ascertaining the value of, and of acquiring title to, the
same ; but the judge of the court hearing said suit shall determine the kind
of notice to be served on such owner or owners, and he may in its discre-
tion appoint an agent or guardian to represent such owner or owners in case
Claim*, to-be of his or their incapacity or non-appearance. But in case no claimant
mjjjtejdthin shall appear within six years from the time of the opening of said road

across any land, all claims to damages against said company shall be barred.
Conditions of Sec. 8. And be it further enacted, That each and every grant, right,
grailt and privilege herein are so made and given to, and' accepted by, said

Northern 'Pacific Railroad Company, upon and subject to the following
conditions, namely : That the said company shall commence the work on
said road within two years from the approval of this act by the Presi-
dent, and shall complete not less than fifty miles per year after the second
year, and shall construct, equip, furnish, and complete the whole road
by the fourth day of July, anno Domini eighteen hundred and seventy-six.
wt£ mpa a£ Sec * 9 * -4ft<? be it further enacted, That the United States make the
tionsT^^the several conditioned grants herein, and that the .said Northern Pacific
United States Railroad Company accept the same, upon the further condition that if the
S£j3oad? plete company make any breach of the conditions hereof, and allow the

same to continue for upwards of one year, then, in such case, at any time
.hereafter, the United States, by its congress, may do any and all acts and
things which may be needful and necessary to insure a speedy completion*
of the said road

Any person Sec. 10. And be it further enacted, That all people of the United
rn^uoscrioe to State8 ^ hav6 ^ right to subscr ibe to ihe stock of the Northern

Pacific Railroad Company until the whole capital named in this act of
incorporation is taken up, by complying with the terms of subscription ;
No mortgage and no mortgage or construction bonds shall ever be issued* by said com-

un ^ e88 » **■ pany on said road, or mortgage, or lien made in any way, except by the

consent of the congress of the United States.
Baiiroad to be- Seo. 11. And be it further enacted. That said Northern Pacific RaO-

n^tarynSf road, or any part thereof, shall be a post route and* a military road,

subject to the use of the United States, for postal, military, naval, and all
other government service, and also subject to such regulations as con-
gress may impose restricting the charges for such .government trans-
portation*

Comj)any to Sec. 12. And be it further enacted, That the acceptance of the terms,
iteaccen 1 ^^ conditions, and impositions of this act by the said Northern Pacific Rail-
terms. &c., & road Company shall be signified in writing under the corporate seal of
granw

THIRTY-EIGHTH CONGRESS. Sess. I. Ch.217. 1864

m

said company, duly executed pursuant to the direction of its board of
directors first had and obtained, which acceptance shall be made within
two years after the passage of this act, and not afterwards, and shall be
served on the President of the United States.

Sec. 13. And be it farther enacted, That the directors of said company Annual report
shall make an annual report of their proceedings and expenditures, veri- of directors,
fied by the affidavits of the president and at least six of the directors, and
they shall, from time to time, fix, determine, and regulate the fares, tolls,
and charges to be received and paid for transportation of persons and
property on said road, or any part thereof.

Sec. 14* And be it further enacted^ That the directors chosen in pur- President and
suance of the first section of this act shall, so soon as may be after their otter officers,
election, elect from their own number a president* and vice-president;
and said board of directors shall, from time to lime, and so soon as may
be after their election, choose a treasurer and secretary, who shall hold
their offices at the will and pleasure of the board of directors. The treas-
urer and secretary shall give such bonds, with such security as the said
board from time to time may require. The secretary shall, before enter-
ing upon his duty, be sworn to the faithful discharge thereof, and said
oath shall be made a matter of record upon the books of said corporation.
Ho person shall be a director of said company unless he shall be a stock-
holder, and qualified to vote for directors at the election at which he shall
be chosen.

Sec. 15. And be it further enacted, That the president, vice-president, Term of office
and directors-shall hold their offices for the period indicated in the by-laws ^{^office^^
of said company, not exceeding three years, respectively, and until others
are chosen in their place, and qualified. In case it shall so happen that
an election of directors shall not be made on any day appointed by the
by-laws of said company, the corporation shall not for that excuse be
deemed to be dissolved, but such election may be holden on any day
which shall be appointed by the directors. The directors, of whom seven,
including the president, shall be a quorum for the transaction of business, Quorum,
shall have full power to make and prescribe such by-laws, rules, and regu- By-laws,
lations as they shall deem needful and proper touching the disposition and
management of the stock, property, estate, and effects of the company,
the transfer of shares, the duties and conduct of their officers and servants
touching the election and meeting of the directors, and all matters what*
soever which may appertain to the concerns of said company ; and the
said board of directors may have fall power to fill any vacancy or vacan-
cies that may occur from any cause or causes from time to lime in their
said board. And the said board of directors shall have power to appoint Power of direo-
such engineers, agents, and subordinates as may from time to time be ior& -
necessary to carry into effect the object of the company, and to do all
acts and things touching the location and construction of said road.

Sec. 16* And be it further enacted, That it shall be* lawful for the
directors of said company to require payment of the sum of ten per ^[Seaam^ t
centum cash assessment upon all subscriptions received of all subscribers, 088 888688111611
and the balance thereof at such times and in such proportions and on such
conditions as they shall deem to be necessary to complete the said road
and telegraph line within the time in this act prescribed. Sixty days'
previous notice shall be given of the payments required, and of the time Notice,
and place of payment, by publishing a notice once a week in one daily
newspaper in each of the cities of Boston, New York, Philadelphia, and
Chicago ; and in case any stockholder shall neglect or refuse to pay, in
pursuance of such notice, the stock held by such person shall be forfeited stock to be
absolutely to the use of the company, and also any payment or payments forfeited, &c
that shall have been made on account thereof, subject to the condition
that the board of directors may allow the redemption on such terms as
they may prescribe*

TIIIRIT-EfGHTH CONGRESS. Sess. T- Oh, 217, 218. 1864

Company may Sec. 17. And be it farther enacted, That the said company is authorized
to accept to its own use any grant, donation, loan, power, franchise, aid,

®^ ' or assistance which may be granted to, or conferred upon, said company

by the congress of the United States, by the legislature of any state, or
by any corporation, person, or persons ; and said corporation is authorized
to hold and enjoy any such grant, donation, ban, power, franchise, aid, or
assistance, to its own use for the purpose aforesaid.
Company to Seo. 18, And be it further enacted, That said Northern Pacific Bail-

itate lwi^arL roa( * Company shall obtain the consent of the legislature of any state

&o. through which any portion of said railroad line may pass, previous to

commencing the construction thereof ; but said company may have the
right to put on engineers and survey the route before obtaining the con-
sent of the legislature.
Act tobe void, Seo. 19. 2nd be it farther enacted. That unless said Northern Pacific

unless, &c Railroad Company shall obtain bond fide subscriptions to the stock of said

company to the amount of two millions of dollars, with ten per centum
pud within two years after the passage and approval of this act, it shall
be null and void*

.^a»y t» Sec. 20. t And be it farther enacted, That the better to accomplish the
ere< ^ object of this act, namely, to promote the public interest and welfare by

the construction of said railroad and telegraph line, and keeping the same
in working order, and to secure to the government at all times (but par-
ticularly in lime of war) the use and benefits of the same for postal,
military, and other purposes, congress may, at any time, having due
regard for the rights of said Northern Pacific Railroad Company, add to,
alter, amend, or repeal this act*
Approved, July 2, 1864.

July 8, 1864. Chap. COXV JULl. —An Act to quiet the Titles to Lands wuhin the Rancho Laguna de

Santos Calif, in the State of California.

Be it enacted by the Senate and House of Representatives of the United
Titiwtolands States of Afnerica in Congress assembled, That it may and shall be lawful
Laguna de San- *° r purchasers from the grantees or their assigns of lands within the
tos Calle, Oali- Rancho Laguna de Santos Caite, in the State of California, to file, within
foraia, quieted, twelve months from the passage of this act, with the register of the land-
office at Marysville, applications describing the lands so purchased by them
respectively, with proofs of bond fide purchase from the said grantees or
their assigns ; and, upon such proofs being found satisfactory, the said pur-
chasers shall be permitted to enter, according to the lines of the public
surveys, at one dollar and twenty-five cents per acre, the lands so pur-
chased within the limits of said rancho, as described in the petition pre-
1851, 41. sented to .the board of commissioners under the act of March 8, 1851,
Vol. ix. > 681* entitled "An act to ascertain and settle "the private land claims in the
State of California,** to the extent to which the lands so purchased have
been reduced to possession, and Are now held by said purchasers : Pro-
vided, That any person who shall avail himself of the provisions of this
act shall' be thereafter debarred any further claim under the grantee in
the event of a final confirmation of the grant
Costs of addi- Sbo. 2. And be it farther enacted, That where any additional surveys
ttonal surveys, may be found necessary to give full effect to this act, the commissioner of

the general land-office shall cause such surveys to be made at the cost of
1802, ch. 86, $ 10. the purchasers, as provided by the 10th section of the act of May 30th,
Vol. sit p. 4io» 1862, entitled « An act to reduce the expenses of the survey and sale of
Proviso. the public lands of the United States: 1 ' Provided, That no entry of
mineral lands or lands reserved for military or other public uses, shall be
permitted under this act, nor shall any rights acquired under the pre-
emption laws of the United 'States be affected hereby.
Sec* 8. And be it farther enacted, That it shall be the duty of the

TfflBXT-EIGHTH CONGRESS. Sess. L Ch.219,220. 1864.

378

register and receiver of the proper laxd-office to receive all applications Duty of regis-
in cases presented under this act, pursuant to such instructions as may ^[ aD 4teMt era
be prescribed by the commissioner of the general land-office, and to ad- m *
judge all such cases as preliminary to a final decision in due coarse of
law*

Approved, July 2, 1864.

Chap. CGXEE. — An Act to authorize assimilated Rank to be given to the Warrant July 3, 1864.

Officers of the United States Navy, and fir other Purposes,

Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled, That the President of the ra ^^J tt ^^ lt
United States is hereby authorized, if, in his judgment, it shall be con- officers in the
ducive to the interest of the service, to give assimilated rank to the war- navy*
rant officers of the navy, viz ; boatswains, gunners, carpenters, and sail-
makers, as follows : After five years of service to rank with ensigns $ and
after ten years service to rank with masters.

Sec. 2. And be it Jurther enacted, That, from and after the passage of To be caned
this act, the officers named in the precedingsection shall be known as ^^fS*^
a warrant officers in the naval service of the United States," and shall be
so entered upon the Naval .Register.

Sec 8. And be it further enacted. That in all cases where it has been, Expenses of
or may be, found necessary during the present war to detain in confine- confl ^J^^| ^
ment persons found on board of captured vessels, the expenses of the loured vessels,
detention of such persons, when not chargeable to the proceeds of prize
or other fund, shall be paid out of the appropriation for defraying the
expenses of suits in which the United States are concerned, and that the
expenses of prisoners sentenced by naval court-martial to confinement in
a penitentiary shall be defrayed from the same fund*

Sec. 4. And be it further enacted, That the following addition be made Additional
to the clerical force now authorized by law in the Navy Department : — derksfatoeNavy

Bureau of provisions and clothing, two clerks of the third class and Uepartm
two of the first class.

Bureau of ordnance, one clerk of the third class*

Bureau of equipment and recruiting, one clerk of the second class and
one clerk of the first class.

Approved, July 2, 1864.

Chap. CCXX— 4n Act far increased Facilities of Telegraph Commmicaiion between the July 2, 1364.

Atlantic and Pacific States and the Territory of Idaho*

Be U enacted by the Senate and Rouse of Representatives of the United
States of America in Congress assembled, That the United States Tele- The United
graph Company, and their associates, are hereby authorized to erect a Comw^nw^
line or lines of magnetic telegraph between the Missouri River and the erect lines b«-
city of San Francisco, in the State, of California, on such route as they tween the Mis-
may select, to connect with the lines of the said United States Telegraph SaT^Ss^to
Company, now constructed, and being constructed through the states of connect with
the Union. The said company shall have the use of such unoccupied land other Unes *
of the United States as may be necessary for the right of way, and mate- Right of war
rials, and for the establishing of stations along said hue for repairs, not ^
exceeding at any station one quarter section of land ; and such stations Stations,
not to exceed one in fifteen miles on the average of the whole line, unless
said lands shall be required by the government of the United States for
railroad or other purposes : And provided, That no right to preempt any No right to
of said lands under the laws of the United States shall enure to said com- P^^pBon.
pany or their agents, or any other person or persons whatsoever.

Sec 2. And be it Jurther enacted, That the said United States Tele-
graph Company, under the direction of the President of the United States,

voi*. xiii. Pub. — 32

874 TBIETy-EIGHTH CONGRESS. . Sbss.L Ch. 220, 221, 222. 1864

Line of tele- is hereby authorized to erect a line, of telegraph from Fort Hall, by Walla-

I S? tolSlSd Walla the J^ 68 md San Francisco to Portland, in the State of
Oregon, &c. ' Oregon, and from Fort Hall to Bannock and Virginia City, in the Terri-
tory of Idaho, with the same privileges as to the right of way, and so
forth, as is provided in the first section of this act; the United States to
have priority in the use of said lines of telegraph to Oregon and Idaho.
This company Seo. 3. And be it further enacted, That the aforesaid company is au-
™*y 8 ®£ d > thorized by this act to send and receive despatches on payment of the
other liaes,°upOT, regular charges for transmission of despatches over any line that may now
&c or hereafter be constructed by the authority or aid of congress, to connect

with any line or lines authorized or erected by the Russian or English
governments, and that all despatches received by said line or lines shall
Despatches to be transmitted in the order of their reception, and the answers thereto
oMe^S? m shall be delivered to said United States Telegraph Company for trans-
tioo. mission over their lines to the office whence the original message was

sent, whenever so directed by the sender thereof.
Certain mil- Sec. 4. And be it farther enacted, That die several railroad companies
may makew^ 8 authorized by act of congress July one, eighteen hundred and sixty-two,
rangements with are authorized to enter into arrangements with the United States Tele*
comoanf 1 ^ 11 S^P co m paoy so that the line of telegraph between the Missouri River
1862, ch. 120. and San Francisco may be made upon and along the line of said railroad
Vol. xii. p. 489. and branches as fast as said roads and branches are built, and if said
arrangements be entered into and the transfer of said telegraph line be
made in accordance therewith to the line of said railroads and branches,
such transfer shall, for all purposes of the act referred to, be held and
considered a fulfilment on the part of said railroad companies of the pro*
vision of the act in regard to the construction of a telegraph line ; and, in
case of disagreement, said telegraph company are authorized to remove
their line of telegraph along and upon the line of railroad therein contem-
plated, without prejudice to the rights of said railroad companies.
Approved, July 2, 1864

July %%$U. Chap. CGXXL —An Act in Relation to the Sale of Reservations of tie Public lands.

Be it enacted by the Senate and House of Representatives of Ac United
Miniraumprice States of America in Congress assembled, That whenever any reserva-

resBrv»tos &L ^ on °^ P aD ^ c knds 06 brought into market under existing laws, it
' shall be lawful for the commissioner of the general land-office to fix a
minimum price, not less than one dollar and twenty-five cents per acre,
below which such lands shall not be disposed of*
Approved, July 2, 1864.

July 2, 1864. Chap. CCXXIL — An Act relating to the Law of Evidence in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the Untied
P ^ inteSfited S* ate8 °f America in Congress assembled, That on the trial of any issue
ma^be witnesses joined, or of any matter or question, or on any inquiry arising in any
in civil suits in suit, action, or other proceeding in any court of justice in the District of
CoIomiS? 4 ° f Columbia, or before any person having by law, or fcv consent of parties,

authority to hear, receive, and examine evidence within said District, the
parties thereto, and the persons in whose behalf any such action or other
proceeding may be brought or defended, and any and all persons inter*
ested in the same, shall, except as hereinafter excepted, be competent and
compellable to give evidence, either viva voce or by deposition, according
to the practice of the court, on behalf of either or any of the parties
TJinftatiflns to to the said action or other proceeding : Provided, That nothing herein
the role. contained shall reader any person who is charged with any offence

in any criminal proceeding competent or compellable to give evidence for
or against himself or herself, or shall render any person compellable to

THIRTY-EIGHTH CONGRESS. Sess-I. d*>223,224,m 1864 876

answer any question tending to criminate himself or herself, or shall in
any criminal proceeding render any husband competent or compellable to
give evidence for or against his wife, or any wife competent or compel-
lable to give evidence for or against her husband, or in any proceeding
instituted in consequence of adultery ; nor shall any husband be com-
pellable to disclose any communication made to him by his wife during
the marriage) nor shall any wife be compellable'to disclose any communi-
cation made to her by her husband during the marriage.
Approved, July % 1864.

Chap* CCXXX1L — An Act authorising the Erection of Buildings for the Brunch-Mint at July 2, 1864.

San JFrancisco.

Be U enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the sum of three hundred Appropriajtioa
thousand dollars be, and the same is hereby, appropriated, out of ^^jS^^Sm.
money in the treasury not otherwise appropriated, to be expended,. under
the direction of the Secretary of the Treasury, in the purchase of a site,
if necessary, and the erection of a suitable building or buildings' for the
use of the branch-mint at San Francisco* ia die State of California,

Approved, July 2/1864.

Cha?. CCXXTv\ —An Act prescribing the Terms on which Exemplifications shall be July 2, 1 864*

furnished by the General Land-Office* 4 ~"

Be it enacted by Iks Senate and Souse of Representatives of the United
States of America in Congress assembled, That, from and after the first Fees for exem-
day of July next, all exemplifications of patents, or papers on file, or of S^^°^ in
record in the general land-office, which may be required by parties intet- the generaUand-
ested, shall be furnished by the 1 commissioner of said office upon the pay- office -
ment by such parties at the rate of fifteen cents per hundred words, and
two dollars for copies of township plates or diagrams, with an additional
sum of one dollar for the commissioner's certificate of verification with
the general land-office seal $ and one of the employees of said office shall
be designated by the said commissioner as the receiving clerk, and the
amounts so received shall, under the direction of the said commissioner,
be paid into the treasury of the United States ; effect to be given to this
act according to such regulations as may be prescribed by the Secretary
of the Interior not inconsistent with the* laws of the United States : Pro-' Proviso.
tfided, That the fees stipulated in the foregoing provisions shall not apply
to such authenticated copies as may be required by the officers of any
branch of the government, nor to such unverified copies as the commis-
sioner in his discretion may deem proper to furnish*

Approved, July 2, 1864

Chap. CCXXV. — An Act in addition to the several Acts concerning Commercial Inter* JtUy % 1864.
course between loyal and ineurre&wnary States, and to provide for the Collection of cap*
tared and abandoned Property, and the Prevention of frauds in States declared in Insur-
rection*

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled, That sales of captured and Sales of aban-
abandoned property under the act approved March Jwelve, eighteen hun- ^tywf& mm
dred and sixty-three, may be made at such places/ in states declared in made^here.

insurrection, as may be designated by the Secretary of the Treasury, as „ 1 ^ 6 ^.? h -

well as at other places now authorized by said act VoU p *

Sec. 2* And be it further enacted. That, in addition to the captured

and abandoned property to be received, collected, and disposed of, as pro- Abandoned

vided in said act, the said agents shall take charge of and lease, for pe- hoim *>

876 THIETT-EIGHTH CONGRESS. Skss.L Ch. 22,1. 1864

4

and tenements, riods not exceeding twelve months, the abandoned lands, bouses, and tene-
may be leased* meats within the districts therein named, and shall also provide, in such

leases or otherwise, for the employment and general welfare of all per-
sons within the lines of national military occupation within said insurrec-
tionary states formerly held as slaves, who are or shall become free.
When property Property, real or personal, shall be regarded as abandoned when the law-
» be deemed f u i owner thereof shall be voluntarily absent therefrom, and engaged,
a 00 ' either in arms or otherwise, in aiding or encouraging the rebellion*

Moneys from Sbo* 8. And be it further enacted. That all moneys arising from the
^"Jjjjj 8 leasing of abandoned lands, houses, and tenements, or from sales of cap-
the treasury, tured and abandoned property collected and sold in pursuance of said act,

or of this act, or from fees collected under the rules and regulations made
by the Secretary of the Treasury, and approved by the President, dated
respectively the twenty-eighth day of August, eighteen hundred and
sixty-two, the thirty-first day of March, and the eleventh day of Septem-
ber, eighteen hundred and sixty-three, or under any amendments or mod-
ifications thereof, which have been or shall be made by the Secretary of
the Treasary, and approved by the President, for conducting the com-
mercial intercourse which has been or shall be licensed and permitted by
the President, with and in states declared in insurrection, shall, after
satisfying therefrom all proper and necessary expenses, to be approved by
the Secretary of the Treasury, be paid into the treasury of the United
States ; and all accounts of moneys received .or expended in connection
therewith shall be audited by the proper accounting officers of the treas-
Act of 1888, ur y. That the first section of the "Act to provide for die collection of
tended.' *** abandoned property and for the prevention of fraud in insurrectionary
VoL xii. p 820. districts in die United States," approved March twelve, eighteen hundred
and sixty-three, is hereby extended so as to include the descriptions of
property mentioned in an act entitled "An act further to provide for the
collection of duties on imports, and for other purposes,? approved July
1861, ch. 8, thirteen, eighteen hundred and sixty-one, and an act entitled " An aet to
Vol.x&p. 255. suppress insurrection, -to punish treason and rebellion, to seize and con*
fiscate the property of rebels, and for other purposes," approved July
1862, ch. 195. seventeen, eighteen hundred and sixty-two, respectively ; and that the
Vol. xii. p. 589. sales provided for in said act first mentioned may be made at such places

as may be designated by the Secretary of the Treasury. And section
Act of 1868, ch. six of said first-mentioned act is hereby amended so as to include every
l& i ^.amended, description of property mentioned in the acts of July thirteen, eighteen
Vot xii. p. 821. j^^j and 6 ^ t f 0U i y July seventeen, eighteen hundred and sixty-
two, aforesaid ; and that all property, real or personal, described in the
Property, when acts to which this is in addition, shall be regarded as abandoned when the
to be deemed lawful owner thereof shall be voluntarily absent therefrom, and engaged,
a an oned. either in arms or otherwise, in aiding or encouraging the rebellion.

Prohibitions of Sec. 4. And be it further enacted, That the prohibitions and provis-
oet of 1861, ch. 3, ions of the act approved July thirteen, eighteen hundred and sixty-one,
VoE P xu. p.^256. a"** of the acts amendatory or supplementary thereto, shall apply to all
commercial intercourse by and between persons residing or being within
districts within the present or future lines of national military occupation
in the states or parts of states declared in insurrection, whether with each
other or with persons residing or being within districts declared in insur-
What persons rection and cot within those Ones ; and that all persons within the United
Mbftion^ PT °~ States > not native or naturalized citizens thereof, shall be subject to the

same prohibitions, in all commercial intercourse with inhabitants of
states or, parts of states declared in insurrection, as citizens of loyal states
are subject to under the said act or acts.
lo^stetSto be Sbo - 5 * fe * further enacted, That whenever any part of a loyal
subject to state shall be under the control of insurgents, or shall be in dangerous
prohibitions. proximity to places under their control, all commercial intercourse therein

and therewith shall be subject to the same prohibitions and conditions as

THIRTY-EIGHTS CONGRESS.. Sess. 1 : C&225J <18€4

877

are created by Hie said acts, as to such intercourse between » loyal and in-
surrectionary states, for such time and to such extent a » shall from time
to time become necessary to protect the public interests, and be directed
by the Secretary of "the Treasury, with the approval of the President

Sec* 6. And be it further enacted. That so much of the fifth section Mode of dktri-
of the act approved May twenty, eighteen hundred and sixty-two, and
the fourth section of the act approved March twelve, eighteen hundred arid Repeal of part
sixty-three, as directs the manner of distributing fines, penalties, and for^tf &>
feitures, is hereby repealed, and that, in lieu of the distribution thereby Vol. xiL & 404.
directed to be made to informers, collectors, and other officers of the cus- 1868, cfc. ^§4.
toms, the court" decreeing condemnation may award such compensation to ^ ****
customs-officers, informers, or other persons, for any service connected
therewith, as will tend to promote vigilance in protecting the public inter-
ests, and as shall be just and equitable, in no case, however, to exceed the
regate amount heretofore directed by the said fifth section*

tea 7. And be it farther enacted. That no property' seized or taken Property taken
m any of the inland waters of the United States by the naval forces <f JJj? d ^med
thereof shall be regarded as maritime prize ; but all property so seized maritime prize;
or taken shall be promptly delivered to the proper officers of the, courts,* to be delivered
or as provided in this act and in the said act approved March twelve, t0 -^^ f ^ Sm
eighteen hundred and sixty-three. Vol. xii. p. m

Sec* 8. Andbeit farther enacted, That it shall be lawful for the' Sec- A/W _. rt >
rotary of the Treasury, wife theTpproval of the President, to authorize <to^tT~
agents to purchase for the United States any products of states declared Uni tedStttea.
in insurrection, at such places therein as shall be designated by him, at ttltewinsax-
such prices as shall be agreed on with the seller, not exceeding the market rection.
value thereof at the place of delivery, nor exceeding three fourths of the
market-value thereof in the city of New York at the latest quotations
known to the agent purchasing ; Provided, That no part of the purchase 5 - Porchase-
money for any products so purchased shall be paid, or agreed to be paid, ^° ne y J? t °J"*l
out of any other fund than that arising from property sold as captured or m
abandoned, or purchased and sold under the provisions of this act £\l Deposition of
property so purchased shall be forwarded for sale at such place or places Safe^*"*"
as shall be designated by the Secretary of the Treasury, and the moneys
arising therefrom, after payment of the purchase-money and the other
expenses connected therewith, shall be paid into the treasury of the United
States ; and the accounts of all moneys so received and paid shall be
rendered to, and audited by, the proper accounting officers of thetreasury.

Ssc. 9. And be it further enacted, That so much of section five of the a Authority to
act of thirteenth of July, eighteen hundred and sixty-one, aforesaid) as S^i < r ^i on8
authorized the President, in his discretion, to license or permit commercial with states in in-
relations in any state or section the inhabitants of which are declared in a ^^ on ro " t
state of insurrection, is hereby repealed, except so far as may be necessary J^ 6 ^ 6X0611 '
to authorize supplying the necessities of loyal persons residing in insur- 1861, eh. 3, $5.
rectionary states, within, the lines of actual occupation by the military Vol. xil. p. sw.
forces of the United States, as indicated by published order of the com-
manding general of the department or district so occupied ; and, also*,, ex-
cept solar as may be necessary to authorize persons residing within such
lines to bring or send to market in the loyal states any products which
they shall have produced with their own labor or the labor of freedmen,
or others employed and paid by them, pursuant to rules' relating thereto,
which may be established under proper authority. And no goods, wares, •
or merchandise shall be taken into a state declared in insurrection, or
transported therein, except to and from such places and to. such monthly
amounts as shall have been previously agreed upon in writing by the
commanding general of the department in which such plaees*axe situated
and an officer designated by the Secretary of the Treasury for that pur-
pose*

Sec. 10. And be U further enacted, That aQ officers and privates of

82 ♦

878 THIRTY-EIGHTH CONGRESS. Sbbs. L Ch. 225, 226. 1864

Officers and the regular and volunteer forces of the United States, and all officers, sail-

mer ai8^i d and ors > ftS^L ^ari n 3s in the naval service, are hereby prohibited from baying
WbitedfrotTdM^ or selling, trading, or in any way dealing in* the Kind or description of .
ing in captured, properly mentioned in this act, and the act to which tins is in addition,
&c property. whereby to receive or expect any profit, benefit, or advantage to himself,

or any other person, directly or indirectly connected with him ; and it
shall be the doty of such officer, private, sailor, or marine, when such
property shall come into his possession or custody, or within his control, a
^Penalty for so to give notice thereof to some agent, appointed by virtue of this act, and '
doing, &c t0 f arn t j ie g££LQ over to such agent without delay : any officer of the

United States, civU, military, or naval, or any sutler, soldier, marine, or
other person, who shall violate any provision of this act, or who shall take,
or cause to be taken, into a state declared to be in insurrection, or to any
other point to be thence taken into such state, or who shall transport or
sell, or otherwise dispose of therein, any goods, wares, or merchandise
whatsoever, except in pursuance of license and authority of the President,
3861, cfcMff. as provided in said fifth section of the act of July thirteen, eighteen hun-
vol xii. p. 357. ^ gixty-one, aforesaid, and any officer or other person aforesaid who
shall make any false statement or representation upon which license and
authority shall be granted for such transportation-, sale, or other disposi-
tion, and any officer or other person aforesaid who shall, under any license
or authority obtained, wilfully and knowingly transport, sell, or otherwise
.dispose of, any other goods, wares, or merchandise than such as are in good
faith so licensed and authorized, or shall wilfully and knowingly transport,
sell, or dispose of the same, or any portion thereof, in violation of the
terms of such license or authority, or of any rule or regulation prescribed
by the Secretary of the Treasury concerning the same, or shall be guilty
of any act of embezzlement, of wilful misappropriation of public or private
money or property, of keeping false accounts, or of wilfully making any
false returns, or of any other act amounting to a felony, shall be liable to
indictment as for a misdemeanor, and fine not exceeding five thousand
dollars, and to punishment in the penitentiary not exceeding three years,
before any court, civil or military, competent to try the same. And it
shall be the duty of the Secretary of the Treasury, from time to time, to
Investigations institute such investigations as may be necessary to detect and prevent
to prevent frauds frauds and abuses in the trade and other transactions contemplated by this
an a uses. ac t 9 or fey the acts to which this is supplementary. And the 'agents mak-
Attendance of ing such investigations shall have power to compel the attendance of whv
witnesses. nesses, and to make examinations on oath.

Rules and reg- *' Sso* 11. And be it further enacted, That the Secretary of the Treas-
nlatiotts in this ury> ^th the approval of the President, shall make such rules and regu-
lations as are necessary to secure the proper and economical execution of
the provisions of this act, and shall defray all expenses of such execution
from the proceeds of fees imposed by said rules and regulations, of sales
of captured and abandoned property, and of sales hereinbefore authorized.
Approved, July 2, 1864*

July 2, 1864. Chap. CU2LX.VX— An Jet providing fit satisfying Claim fir Bounty Lands, and fir
other Purposes.

Be it enacted by the Senate and Home of Representative* of the United
Claims for States of America in Congress assembled, That the act entitled w An act
bounty lands. to provide for satisfying claims for bounty lands for military services in
Vol?V?p. «V. tbe * ate war witD Great Britain, and for other purposes," approved July
twenty-seventh, in the year one thousand eight hundred and forty-two,
1835, cb. 6, 7. and the two acts approved January twenty-seventh, in the year one thou**
Vol. ix. p. 7*9. 8aQ( ] e jgk t hundred and thirty-five, therein and thereby revived, and also
1848, ch. 74. the two acts to the same intent and purpose, respectively approved the
Vol. fx. p. 240. twenty-sixth day of June, in the year eighteen hundred and forty-eight,

THIETY-EI (SrHTH CONGKESS. Sess. L Csu 2B7. 1964

379

and the eighth day of February, in the year eighteen hundred and fifty- 1854, ch. 10.
four* be, and the same are hereby, renewed and continued in force and Vol. x. p. 267.
effect, without restriction or limitation as to the time of location of said
warrants issued in virtue thereof.

Sec. 2. And be it further enacted, That all warrants for bounty lands Warranto al-
heretofore issued in virtue of any of the several acts hereinbefore named, ^locatedhero^ 7
may be located at any time subsequent to the passage of this act, in con- after. 1
fortuity .with the general laws in force at the time of such location ; and
that all entries and. locations heretofore made with such warrants shall Former entries
be as valid and effectual as if the several acts aforesaid had not expired confirm
at the time of such entry and location, any law to the contrary notwith-
standing.

Sec* 3. And be it further enacted, That all acts and parts of acts in- Repeating
consistent with the provisions of this act, be, and the same are hereby, clauBe *
repealed.

Approved, July % 1864

Chap. CCXXX VH. —An Act further to regulate and provide for the enrolling and calling Jttly 4, 1864.

out the National Forces, and far other Purposes*

Be it enacted by the Senate and Bduse of Representatives of the United
States of America in Congress assembled. That the President of the
United States may, at his discretion, at any time hereafter call for any dumber of vokui-
number of men as volunteers for the respective terms of one, two, and teers for-one,
three years for military service ; and any such volunteer, or, in case of !j^ r
draft, as hereinafter provided, any substitute, shall be credited to the Volunteers or
town, township, ward of a city, precinct, or election distinct, or of a substitutes, hew
county not so subdivided, towards the qnoia of which he may have vol- to be
unteered or engaged as a substitute ;* and every volunteer who is accepted
and mustered into the service for a term of one year, unless sooner dis-
charged, shall receive, and be paid by the United States, a bounty of one Bounty;
hundered dollars ; and if for a term of two years, unless sooner discharged,
a bounty of two hundred dollars ; and if for a term of three years, unless
sooner discharged, a bounty of three hundred dollars ; one third of which
•bounty shall be paid to the soldier at the time of his being mustered into
the service, one third at the expiration of one half of his term of service,
and one third at the expiration of his term of service ; and in case of his how paid in
death while in service, the residue of his bounty unpaid shall be paid to 0886 of death *
his widow, if he shall have left a widow ; if not, to his children, or if there
be none, to his mother, if she be a widow*

Sec. 2. And be it further enacted, That in case the quota, or* any * f <l u ?*f. ^iS*
part thereof, of any town, . township, ward of a city, precinct, or election ^SerAe
district, or of any county not so subdivided, shall not be filled within the can, draft to be
space of fifty days after such call, then the President shall immediately ordered,
order a draft for one year to fill such quota, or any part thereof, which
may be unfilled ; and in case of any such draft no payment of money No commuta-
shall be accepted or received by the government as commutation to re- tion aUowe<i '
lease any enrolled or drafted man from personal obligation to perform
military service.

Sec 3* And be it further enacted, That it shall be lawful for the Recruitingby
executive of any of the states to send recruiting agents into any of the allowed in
states declared to be in rebellion, except the states of Arkansas, Ten- states declared to
nessee, and Louisiana, to recruit volunteers under any call under the be m ^^ ian »
provisions of this act, who shall be credited to the state, and to the re- pfeSaled, Post,
spective subdivisions, thereof, which may procure the enlistment. p. 491.]

Sec. 4. And be it further enacted, That drafted men, substitutes, and Organization
volunteers, when mustered in, shall be organized in, or assigned to, reg- drafted men.
intents, batteries, or other organizations of their own states, and, as far as
practicable, shall, when assigned, be permitted to select their own regi-

$8Q THIETTfEJ€tHTB (X3N#RES&** Sbs*. L G&237. 1864

ments, batteries, or other organizations from among those of their respec-
tive states which at the time of assignment may not be filled to their
inaarimnm nnmber.

Discharge of • Sbo. 5* And be it further enacted, That the twentieth section, of the
minors. . ^ act entitled, "An act to amend an act entitled ' An act for enrolling and
^ctim^U^ raffing oat the national forces, and for other purposes/" approved Feb-
§ 20, 9 ruary .tweoty-fbur, eighteen hundred and sixty-four, shall be construed to

if ssfcot 75. that the Secretary of War shall discharge minors under the age of

VoLxti. p. 78L eighteen years under the circumstances and on the conditions prescribed

Persons en- in said section; and hereafter, if any officer of the United States shall
listed under sue- enlist or muster into the military service any person under the age of
charged!" sixteen years, with or without the consent of his parent or guardian) such

person so enlisted or recruited shall be immediately discharged- upon r*»
payment of all bounties received ; and such recruiting or mustering oflU

Penaltyfor cer who shall knowingly enlist any person under sixteen years of age,
SS« W tich e Sei<. sn *H De dismissed the service, with forfeiture of all pay and allowances,
sow* 6 and shall be subject to such further punishment as a court-martial may

direct *

Draft to be , Sbo, 6. And be U further enacted, That section three of an act enti-
1 ^wSmSS tied « An act to amend an act entitled 'An act for enrolling and calling
quota. out the. national forces, and for other purposes/" approved February

1864, ch. 18, § 8. twenty-four, eighteen hundred and sixty-four, be, and the same is hereby,
amended, so as to authorize and direct district provost-marshals, under the
direction of the provost-marshal general, to make a draft for one hundred
per centum in addition to the number required to fill the quota of any
district as provided by said section*
Transportation Sbo. 7. And be it farther enacted. That instead of travelling pay, all
toaadftomren- drafted persons reporting at the place of rendezvous shall be allowed
dezvoas. transportation from their places of residence ; and persons discharged at

the place of rendezvous shall be allowed transportation to their places of *
residence*

Certain persons Sec 8* And be it farther enacted, That all persons in the naval ser-
naval service, vice of the United States who have entered said service during the pros*
ent rebellion, who have not been credited to the quota of anytownf dis-
trict, ward, or state, by reason of their being in said service and not.
enrolled prior to February twenty-fourth, eighteen hundred and sixty-
four, shall be enrolled and credited to the quotas of the town, ward, dis-
trict, or state, in which they respectively reside, upon satisfactory proof
of their residence made to the Secretary of War.
Persons absents $eo. 9* And be it farther enacted, That, if any person duly drafted shall
dSftedSfbe * 06 absent home in prosecution of his usual business, the provost*
notified. marshal of the district shall cause him to be duly notified as soon as ma} .

Hot to be be, and he shall not be deemed a deserter, nor liable as such, until notice
«!i!!i?*£? de90rter has been given to him, And reasonable time allowed for him to return

and report to the provost-marshal of hi district; but such absence shall
not otherwise affect his liability under this act
Act of 1864, ch. Sbo. 10* And be it further enacted, That nothing contained in this
h 17, not altered, act shall be construed to alter, or in any way affect, the provisions of the
< Me ' 9 * seventeenth section of an act approved February twenty-fourth, eighteen
hundred and sixty-four, entitled " An act to amend an act entitled * An
act for enrolling and calling out the national forces, and for other pur-
poses,' " approved March third, eighteen hundred and sixty-three*
Substitutes * Sec. 11* And be it farther enacted, That nothing contained in this act,
may be famished, shall be construed to alter or change the provisions of existing laws rela*

tive to permitting persons liable to military service to furnish substitutes*
Apfbovbd, July 4, 1864.

THIRTY-EIGHTH CONGRESS. SbsS,L Ch. 238, 239, 240. 1864 S8f

CBAB*CG2XXVUL—AnA<&torepedaJ<nntB^ entitled "Joint Resolution Jnly 4, 18te «
to grant additional Room*** the Agricultural Department" and for ether Purposes. "Pub. Ees. No. 68.

Be it enacted by the Senate and Souse of Representatives of the United ^J^ 5 '
States of America in Congress assembled^ That the joint resolution entitled gramta* rooms to
« Joint resolution to great additional rooms to the agricultural depart- ^J^J^f
ment," be, and the same is hereby, repealed. * pXT

Sec 2. And be it further enacted, That the Secretary of the Interior
be, and he is hereby, authorized and directed to assign for the temporary
use of the commissioner of agriculture such rooms in the Interior Depart- Booms for the
ment suitable for the business of said commissioner, and necessary to ena-
ble him to perform efficiently the business of said office, as can oe so ap-
propriated with the least inconvenience to the transaction of other public *
business.

Sec. &. And be it JMker enacted. That the commissioner of agrfeul- Commissioner

tore is authorized to rent suitable rooms for the accommodation of hfc Kj^otultf hfe
office, and to make necessary improvements, and to paythe rent of the * w

same, for one year, the sum* of three thousand five hundred 'doHars is Appropriation
hereby appropriated out of any money in the treasury not otherwise *ap- for renfc
propriatdd : Provided, Such rooms shall not be rented for a period longer Proviso*
than three years.
Approved, July 4, 1864*

Cbjjp. QQXXXI&^An Act mo£% 'an Appropriate to carrptoto Effed^AfiAti fe Jury 4*1854.

prevent Smuggling" v 11 "

Be it enacted by the Senate and House ^ BepresenU^ve^ of th.l!h^
States of America in Congress assembled^ That the sum Of m^nlhousiind Appropriation
dollars be, and the same is hereby, appropriated, outof ;any money in the ^^ vent mT> &
treasury not otherwise appropriated, to enable the Secretary of die Treas-
ury to carry into effect an act entitled a An act to prevent smugglings and x$64, ch. 164*
for other purposes," passed at the present session of congress. ' Jtote,p.i97*

Appbovbd, July 4, 1864. _ • ' *

Chjlp. €GXL.~AnAct to restrict the Jurisdiction of the Court of Glaimd; and tojromde Jaly 4, 1864.
jbr.the Payment^ of certain Denwds for Quarter masters' Stores and Subsidence Supplies. ' •
Jurnuhedto the Army of the United States.

Be U mooted by the Senate and Bouse of EepreseiitaHves of the United
States of America in Congress assembled, That the jurisdiction 1 of the 1 Jurisdiction of
court of claims shall not extend to or include any daife agamrt the United JJ^JjjJ^
States, growing out of the destruction or appropriation of, or-damage'to,

certain flfafr fflft-

property by the army or navy, or any part of the army or imvy, Engaged •
in the suppression of the rebellion, from the commencement to the close
thereof. > « 1 ~ iy

• Ssc. 2. And be it Jterther enacted, TbsX all claims of loyal citizens in Claims of ce*«
states not in rebellion, for quartermasters 9 stores actually furnished to the fy^S^^ 9 ^
army of the United States, and receipted for by the proper officer receiv-^aslers* stores,

iqg the same, or which may have been taken by such officers without *»w to be settled*
giving such receipt, may bp submitted to the quartermaster-general of the
United States, accompanied with such proofs as each claimant can present
of the facts in his case ; and if shall, be the duty of the quartermaster*
general to cause such claim to be examined, arid, if ^convinced that it is
just, and o£ the loyalty of- the claimant, and that the stores have been
actually received or. taken for the use of and used by said army, then to -
report each case to the third auditor of the treasury, with a recommenda-
tion for settlement. - -

S$Q* B. And be it JMher enacted\ That all claims of loyal citizens in Claims ofcer-
states not in rebellion, for subsistence actually furnished to said army, and S^J^^ ^
receipted for by the proper* officer receiving the same;.<nrjwhich may have sistence furnished

382 THIRTY-EIGHTH CONGRESS. Sass, L Ch. 241, 242. 1864

to the aram now been taken by such officers without giving such receipt, may be submitted
to be settled. { the commissary-general of subsistence) accompanied with such proof as

each claimant may have to offer ; and it shall be the duty of the commis-
sary-general of subsistence to cause each claim to be examined, and, if
convinced that it is just, and of the loyalty of the claimant, and that the
stores have beeniactuaily received or taken tor the use of, and used by
said army, then to report each case for payment to the third auditor of the
treasury with a recommendation for settlement
Approved, Jury 4> 1864.

July 4, 1864. Chap. CCXU. — AA Act to correct a clerical Error in the Law of June thirtieth, eighteen
hundred and sixty-fotcr, relating to the Post-Office Department

Part ot act of -Beit enacted by (he Smote and Heme of Representatives of the United
1864, cb. 197, § 16, Slates of America in Congress.as&embled, That so much of the act of thirtieth
of^orme? act" 1 ^ une > ot * J U W eighteen hundred sixty-four, as repeals the seven-,
repeated! 1 teenth, eighteenth, thirty-fifth, thirty-ninth^ and forty-first sections of die
Ante, p. 338. act of March third, eighteen hundred and sixty-three, entitled "An act
1863, ck 71. to amend the laws relating to the tW-Office Department," be, and the
vol. su p. 701. 8me k herebjj ^pealed.

Appeoved, July 4, 1864.

July 4, 1864. Oi^.CCK^^AnActto eMaUi^aBran^Mintof^ ZMted States at Dalles Cttg,

m the State of Oregon,

Be it enacted by the Senate and House of Representatives of the United
Branch mint States of America in Congress assembled. That a branch of the mint of
|**ttj^<* the United States be located and established at Dalles City, in the State
Oregon. of Oregon, for the coinage of goid and silver.

Sec, 2. And be it further enacted* That, for carrying on the business
Officers of the of the said branch, the following officers shall be appointed, as soon s&
branch mint. the public interest shall require weir service, upon the nomination of the

President, by and with the advice and consent of the Senate, namely : one
superintendent, one assayer, and one melter and refiner, and one coiner ;
Clerks, work- and the superintendent shall 4 employ as many clerks, subordinate work-
men, &c men and laborers, under the direction of the Secretary of the Treasury,
Salaries. as may be required. The salaries of the said officers and clerks shall be
as follows : To the superintendent, the sum of two thousand dollars ; to
the assayer, the sum of eighteen hundred dollars; to the melter and
refiner, eighteen hundred dollars; to the clerks, subordinate workmen,
and laborers, such' wages and allowances as are customary, according
to their respective stations and occupations.
Officers, to Sec. 3. And be it further enacted, That the officers and clerks to be
take oath. appointed under this act, before entering upon the execution of their

offices, shall take an oath or affirmation before some judge of the United
States or of the supreme court of said state, faithfully and diligently to
perform the duties of their offices, and shall each become bound to die
United States of, America, with one or more sureties, to the satisfaction
of the director of the mint or the district judge of the United States for'
the district of Oregon and of the Secretary of the Treasury, with the con*
dition of the iaithfm performance of the duties of their offices.
Branch to be Sec. 4. And be it further enacted, That the general direction of the
j^^to^S!' business of said branch mint of the United States shall be under the
tor of the mint control and regulation of the director of the mint at Philadelphia, subject

to the approbation of the Secretary of the Treasury ; and for that pur-
Roles and rega- pose it shall be the duty of the said director to prescribe such regula-
latfons. turns, and to require such returns, periodically and occasionally, and to

establish such charges for parting, assaying, refining, mid coining, as shall
appear to him to be necessary for the purpose of carrying into effect the

THTRTY^EIGHTH CONGRESS. Ssss.L Ch. 242, 24$. 1864. 888

intention of this act in establishing said branch, also for the purpose of
preserving uniformity of weight* form, and finish in the coin stamped at
said branch.

Sbo. 5. And be Ufwiker enacted. That said branch mint shall be a Brancn mint to
place of deposit for such public moneys as the Secretary of the Treasury ^dt^?,^ "
may direct And the superintendent of said branch mint, who shall per- moneys,
form the duties of treasurer thereof shall have the custody of the same r and . Sup^ten^t
also perform the duties of assistant treasurer; and for that purpose shall be treasurer! 8 ^
subject to all the provisions contained in an act entitled "An act to pro-
vide for the better organization of the treasury, and for the collection,
safe-keeping, transfer, and disbursement of the public revenue," approved
August six, eighteen hundred and forty-six, which relates to the treasury 1846. ca. 90.
of the branch mint at New Orleans. VcL fc. p. ».

Sec. 6. And be it further enacted, That the superintendent of said Certificates of
branch mint be authorized, under the direction of the Secretary of the ^l^"^ 1 *
Treasury, and on terms to be prescribed by him, to issue in the payment and million,
of the gold dust and bullion deposited for assay and coinage, or bars,
drafts, or certificates of deposit, payable at the treasury, or any sub-
treasury of the United States, to any depositor electing to receive pay-
ment in that form.

Sbo. 7. And be it further enacted. That all the laws and parts of laws Laws for regu-
now in force for the regulation of the mint of the United States, and for Jj^fifi!^
the government of the officers and persons employed therein, and for the this branch,
punishment of all offences connected, with the mint or coinage of the
United States, shall be, and they are hereby, declared to be in full force
in relation to the branch of the mint by this' act established, as far as the
same may be applicable thereto.

Sbo. 8. And he it farther enacted, That the sum of one hundred thou- Appropriation
sand dollars be, and the same is hereby, appropriated, out of any money ***
in die treasury not otherwise appropriated, to carry into effect the provis-
ions of this act, and to meet the expenses of. the current year* and for
the fiscal year ending the thirtieth day of June, 1865.

Approved, July 4, 1864.

Crap. CCXUII. —An Act to regulate Proceeding* in Cases between Landlord and Ten- July 4, 1864

ante in the District of Columbia,

Be it enacted by the Senate and Bouse ofBepresentatives.of the United
State&of America in Oongrm assembled, That a tenancy at will shall not Tenancy at
arise or be created without an express contract or letting to that effect,
and that all occupation, possession, or holding of any messuage or real °* ;
estate without express contract or .lease, or by such contract or lease the
terms of which have expired, shall be deemed and held to be tenancies
by sufferance ; and all estates at will and sufferance may be determined
by a notice, in writing, to quit, of thirty days, delivered to the tenant in may be deter*
hand, or to some person of proper age upon the premises, or in the absence "^j** wk**
of such tenant or person, then such notice may be served by »ffi*fag the semriL W
same to a conspicuous part of the premises, where it may be conveniently
read. The attornment of a tenant to a stranger shall be void, and shall
not affect the rights of ttw landlord, unless it be made with the consent,
express or implied, of the landlord: Provided, That no part of this
section other than that which relates to attornment of a tenant to &
stranger shall apply to contracts made, or to any tenancy existing prior to
the passage of this act, except in cases of waste, or refusal to pay rent

Sbo. 2. And be it further enacted, That when forcible entry is made, ^J?,?* 68
or when a peaceable entry is made and the possession unlawfully held by S^!*? °*
force, or when possession is held without right, after the estate is deter-
mined by the terms of the lease by its own limitation, or by notice to quit,
or otherwise, on written complaint on oath of the person entitled to the

*

884

THIRTY-EIGHTH CONGRESS. Sbss. L Cbu 248, 244 1864

* premises, to a justice of the peace, charging a forcible entry or detainer
8nmmaneto of real estate as aforesaid, a summons may be issued to a proper officer,
iasne, &c commanding the person complained of to appear and show cause why

judgment would not be rendered against him, which shall be served like
other writs of summons at least seven days before his appearance* If
it appears by default or upon trial that die complainant is entitled to the
possession of the premises, he shall have judgment and execution for the
possession and costs ; if the complainant becomes nonsuit and fells to prove
his right to possession, the defendant shall have judgment and execution
-for his costs.

Proceedings if 1 • Sad. 8* And be it further enacted^ That if, upon trial, defendant pleads

Slea^tiSe! ndant t ^ e *° ^ d P™"" 868 in himself, or in another person under whom he

claims the premises, he shall recognize in* a reasonable sum to the com-
plainant, to .be fixed by said justice, with sufficient sureties, conditioned to
pay all intervening damages and costs and reasonable intervening rent for
the premises ; and the complainant shall in like manner recognize to the
defendant conditioned to enter the suit at the next term of the supreme
court of the district, and pay all costs adjudged against him ; and there-
upon the proceedings shall be certified to said court by the justice. If
either party neglects so to recognize, judgment shall be rendered against
him as on nonsuit or default, and execution shall issue jaccordimpy as
aforesaid.

Sbo. 4 And be it further enacted, That either party against which
Appeals, and judgment is rendered by a justice of the peace, play appeal from such
how tried. judgment to the supreme court of the District of Columbia, in the same

manner as appeals are taken to the said court in other cases ; but in case
If defendant of an appeal by a defendant, he shall, in addition to the bail required in
appeals, in addk other cases, recognize ia a reasonable sum to the complainant, to be fixed
hemust^og^ by justice, with sufficient sureties, conditioned to pay all intervening
nize to pay inter- damages to the leased property resulting from waste and intervening rent
Y«ning damages. f or the premises; and such appeals shall be tried in the same manner

and further proceedings had therein according to the practice in appeals
in other cases in said court,
Damages for Sbc. 5* And be it further enacted, That on the trial of said suit in the
wmplamant, supreme court of the district, if the jury find for complainant, they

shall assess the damages and intervening rent; and in case of default the
same shall be assessed by the court*
Feesof justice Sm 6. And be it further enacted. That the fees of the justice issuing the
and officer. process^ and hearing the issue, and making up the record, and certifying

the same, and the officer for serving the process, shall be those allowed
in civil causes.

Keroalofin- Sbo. 7. And be it further enacted, That all acts and parte of acts in-
eons&tent acts, ^gig^t w ith this act are hereby repealed.

Approved, July 4> 1864

Jnlyi, 1884. Chap. Gt)XLIY.--An Act to provide for the Supervision, Bepmrs, Liabilities, and

— — — Cbmgjfete *

Se it enacted by the Senate and Route of Representatives of the United
Appropriation State* of America in Congress assembled, That the sum of one hundred
lffito' ftr fifty thousand dollars be, and the same is, hereby appropriated out
aqueduct* °? m J BHmey hi the treasury nqfc otherwise appropriated, for the purpose

of constructing the dam of solid masonry across the Maryland branch of
the Potomac River, near the Great Falls, and for constructing the con-
duit around the Receiving Eesavoir [Reservoir], and for paying existing
liabilities and expenses, engineering, superintendence, and repairs of said
aqueduct
Approved, July 4» 1864

♦

THIRTY-EIGHTH CONGRESS. Ssss.L Ch. 245, 246. 1864.

4 *

885

Chap. CCXLV. — An Actio regulate the Sessions of the Circuit and District Courts July 4,1864.
for the Northern District of New York, and for other Purposes,

m

Be it enacted by the Senate and House of Representatives of the United
Skates of America ih Congress assembled. That instead of the times now Times and
fixed by law for holding district courts of the United States for the north- gj^^^'^
era district of New York, the said court shall hereafter be held at the the northern dfe.
following times and places, that is to say, at the city of Albany on the trict of New
third Tuesday of January ; at the city of Utica on the third Tuesday in York *
March ; at the city of Rochester on the second Tuesday in May ; at the
city of Buffalo on the third Tuesday in, August; at the city of Auburn
on the third Tuesday in November; and, in the discretion of the judge
of said court, one term annually at such time and in such place, within
the counties of St Lawrence, Clinton, Jefferson, Oswego, or Franklin,
•as the judge of said district shall from time to time appoint, by a no*
tice of at least twenty days, to be published in the state paper of the State
of New York, and also in one newspaper published at the place where
the said court is to be held, which term shall be held only for the -trial of
issues of fact arising within the said counties ; but nothing herein, con-
tained shall prevent the judge of said court from holding special terms
thereof at the places above specified, or at any other places in said dis-
trict, in addition to said regular terms, he shall deem necessary.,

Sec. 2» And be it further enacted, That instead of the times and places Times aa«E
now provided by law for holding the terms of the circuit court of the J^S^t to*
United States for the northern district of New York, the said circuit court the northern dfe-
shall be held at the times and places following, that is to say : at the vil- trietof New
lage of Canandaigua on the third Tuesday in June, at the city of Albany or
on ihe second Tuesday in October ; and the term of said court appointed
by this act to be held at the city of Albany in October; shall, when it is
adjourned, be adjourned to meet in the city of Albany the third Tuesday
in January, and that the adjournment of said adjour[n]ed term shall be
further adjourned to meet at the city of Utica on the third Tuesday in
March, and the said adjourned term shall be held for the transaction of
civil business only ; and no jury shall be drawn for service therein ex*
cludvely, but the jury drawn to serve in the district court at the same
time and place of the said adjourned terms of said circuit shall be used
for the trial of issues of fact arising in civil causes in said circuit court,
and the verdicts of said jury and aft proceedings upon the trial of said
issues shall be as valid and of the same effect as if the said jury had
been drawn to serve in +he said circuit court

Sec* 3. And be it further enacted, That no process issued or proceed- Pending proc-
ings pending in either of said courts shall be avoided or impaired by the ^J£ot voided
change of time and place of holding such court; but all process, bail or impaired,
bonds, and recognizances returnable at the next term of either of said
courts, shall be returnable and returned to the said court next held ac*
cording to this act, in the same manner as if so made returnable on the
face thereof and .shall have full effect accordingly ; and all continuances
may be made to .conform to the provisions of this aot

Ss£0. 4 And be it further enacted, That in place and in lieu of the salary Salary of
now paid to the judge of the district court of the United States for the
northern district of New York, there shall be allowed and paid quarterly
to said judge* out of the treasury of the United States, the sum of three
thousand five hundred dollars per year.

Approved, July 4 1364

Chap. CCXLVX — An Act to encourage Inimigration^ - July 4, 1864.

Be U enacted hp the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That the President of the
toImXZSU Pub. — 33

$86 THIRTY-EIGHTH CONGEES *. Sites. L (km' 1S64

CommM<m«r United States is hereby authorized, by and with the advice and consent
bl ap^K? of th « Senate, to appoint a commissioner of immigration, who shall be

subject to the direction of the' Department of State, shall hold his office
Term of office for four years, and shall receive a salary at the rate of two thousand five
and salary, hundred dollars a year* The said commissioner majr'employ not more
Clerks. than three clerks, of such grade as the Secretary of. State shall designate,
to be appointed by him, with the approval of the Secretary of State, and
to hold their offices at his pleasure*
Contracts by Sec. 2* And fa it Jwther enacted, That all contracts that shall be
iw £Sr basest© made b ? H^g™ 1 ^ *° the United States in foreign countries, in conformity
repay expeS of to regulations that may be established by the said commissioner, whereby
emigration valid, emigrants shall pledge the wages of their labor for a term not. exceeding
forced/^ mm twelve months, to repay the expenses of their emigration) shall be held to

be valid i 1 law. and may be enforced in the courts of the United States,
Advances may, or of the several states and territories ; and such advances, if so stipu-
jf. be ajjjen fated in the contract, and the contract be recorded in the recorder's office
accpired by the > n the county where the emigrant shall settle, shall operate as a lien upon
emigrant. any land thereafter acquired by the emigrant, whether under the home-
stead law when the title is consummated, or on property otherwise acquired
until liquidated by the emigrant ; but nothing herein contained shall be
deemed to authorize any contract contravening the Constitution of the
United States, or creating in any way the relation of slavery or servitude.
No emigrant to S&o. 8. And be it farther enacted, That no emigrant to the United
b* enrolled for States who shall arrive after the passage of this act shall be compulsively
Juriesv&cT™* 6 ' enrolled for military service during the existing insurrection, unless such

emigrant shall voluntarily renounce under oath his allegiance to the conn*
try of his birth, and declare his intention to become a citizen of the United
States*

Emigrant office Sbo* 4 And be it /farther enacted, That there shall be established in

to NewYork!"* the dt £ of New York an office *° fen<wn ** the United States. Emi-
grant Office ; and there shall be appointed* by and with the advice and
Superintendent consent of the Senate, an officer for said city, to be known as superintend-

of immigration. e nt of immigration, at an annual salary of two thousand dollars; and the
alrtf* said superintendent may employ a clerk of the first class ; and such
Powers and superintendent shall, under the direction of the commissioner of immi-

tendentf 8Uperin " gration, make contracts with the different railroads and transportation

companies of the United States for transportation tickets, to be furnished
to such immigrants, and to be paid for by them, and shall, under such
rules as may be prescribed by the commissioner of immigration, protect
"tench immigrants from imposition and fraud; and shall furnish them such
information and facilities as will enable them to proceed in the cheapest
and most expeditious manner to the place of their destination* And such
superintendent of immigration shall perform such other duties as may be
prescribed by the commissioner of immigration : Provided, That the
duties hereby imposed upon the superintendent in the city of New York
shall not be held to effect the powers and duties of the commissioner of
immigration of the State of New York; and it shall be the duty of said
superintendent in the city of New York to see that the provisions of the
act commonly known as the passenger act are strictly complied with, and
all breaches thereof punished according to law.
Certain persons Sec. 5. And be it further enacted^ That no person shall be qualified

under AfeS^ to fill any office under this act who shall be directly or indirectly inter-
ested in any corporation having lands for sale to immigrants, or in the
carrying or transportation of immigrants, either from foreign countries to
the United States and its territories, or to any part thereof, or who shall
receive any fee or reward, or the promise thereof, for any service per-
formed, or any benefit rendered, to any person or persons in the line of
his duty under this act* And if any officer provided for by this act shall
receive from any person or company any fee or reward, or promise thereof

THIRTY-EIGHTH CONGRESS. Sbss. I. Ch. 246, 247. 1864. 887

for any services performed or any benefit rendered to any person or per- Penalty on
sons hi the line of his duty under this act, he shall) upon conviction, be ^^f 6 ^ 1 ^
fined one thousand dollars, or be imprisoned, not to exceed three years, at SfoavUrwees.
the discretion of 'a court of competent jurisdiction, and forever after be
ineligible to hold any office of honor, trust, or profit in the United States.

Sec. 7. And be U further enacted. That said commissioner of immi-
gration shall, at the commencement of each annual meeting of congress,
submit a detailed report of the foreign immigration during the preceding Beport to don-
year, and a detailed account of all expenditures under this act gress » ^

Sec. 8. And he it farther enacted, That the sum of twenty-live thou- Appropriation
sand dollars, or so much thereof as may be necessary, in the judgment of act mi0
the President, is hereby appropriated, out of any money in the treasury
not otherwise appropriated, for the purpose of carrying the provisions of
this act into effect,
' Approved, July 4» 1864

Chap. CCXLVIL — An Act sttppfanentt&v to an Act entitled " An Act to grant Pen- July 4, 1864.

tions," approved July fourteenth, eighteen hundred and sixty-two. 1862 ch. ISO.

Be it enacted by the Senate and Home of Representatives of the United Vol. ia. p, 566.
States of America in Congress assembled, That the biennial examinations Biennial ex-
of pensioners required by an act approved March three, eighteen hundred aI ™H* tlona
and fifty-sine, may be made by one surgeon only, provided he is a sur* Sf ay be^aadS W
geon ot the army or navy, or aa examining surgeon duly appointed by ^« ek 88, | %
the. commissioner of pensions; "nor shall the biennial certifieate 4 of two Vo1 * xL * ™*
nnappointed civil surgeons be accepted in any case, except upon satis*
factory evidence that an examination by a commissioned or duly appointed *
surgeon is impracticable.

Sec* 2. And be it farther enacted, That all fees paid to examining Fees paid -
surgeons for biennid examinations, or for examinations specially ordered, HKffJjnW. -
as provided by the eighth section of the act to grant pensions, approved nations to be re-
July fourteenth, eighteen hundred and sixty-two, -shall be, refunded by J^ 8 *; 4 >
the agent for paying pensions in. the district witjiin which the pensioner vS. xi ^668?'
or claimant resides, out of any money appropriated for the payment of
pension's, under such regulations as the commissioner of pensions may
prescribe

Sec. 3. And be it farther enacted, That declarations of pension claim- Declarations of
ants shall be made before a court of record, or before some officer thereof pwwloncUiim&its
having custody of its seal, said officer being hereby fully au&orfeed and ^^^ 0P6
empowered 4o administer and certify any oath or affirmation relating to
any pension pr application therefor: Provided, That the commissioner Proviso,
of pensions may designate, in localities more than twenty-five miles dis-
tant from any place at .which such a court is holden,' persons duly qualified
to administer oaths, before whom declarations may be made and testimony
taken.

Sec 4* And be it farther enacted, That section twelve of the act to Section 12 of
grant pensions, approved July fourteen, eighteen hundred and sbtfy-two, *°* oTissa, ch.
is hereby repealed ; and the commissioner of pensions is authorized an£ 3 ^3rSW
empowered to detail, from time to time, clerks in his office to* investigate cferfcs to in-
suspected attempts at fraud on the government through the pension-office, v€e8 ^^^JJ^
and to aid in prosecuting any persons so > offending, with such, additional ^SS^u
compensation aa is customary in cases, of special service*

Seo. 5. And be 6 farther enacted, That all persons now by law enti- ' Pennons to
tied to a less pension than hereafter specified, who shall have lost both J^f^^?7 e
feet in the military service of the United States and -in the hue, of duty, both haSot
shall be entitled to a pension of twenty dollars per mbnth ; and those who eyes,
under the same conditions have lost both hands or both eyes shall be
entitled to^a' pension of twenty-five dollars per month.

Sec. 6. And be it farther enacted, That no pension claim now on file*

3SS

THIRTY-EIGHTH CONGRESS* Sesb.L Ch. 247. 1864

Pension claims unless prosecuted to a successful issue within three years from the passage
h^reatt ^filed °to ***** & ^ m ^ no c * aml hereafter filed, not thus prosecuted to a successful
be prosecuted* ^ 8ue within five years from the date of such filing, shall be admitted
within what time, without satisfactory record evidence from the War Department to estab-.

lish the same j- and in every case in which a claim for pension shall have
been filed for more than three years after the discharge or decease of the
party on whose account the claim is made, the pension, if allowed, shall
commence from the date of filing the last paper in said case by the party
prosecuting the same.

Pension to Sbc. 7. And be it Jurther enacted, That on the remarriage of any widow
nate upon^er^w- rece * v * n £ a pension, such pension shall terminate, and shall not be renewed
marriage, &c should she again become a widow.

Examining Sec 8* And be it farther enacted, That examining surgeons, duly
J^uh^dto Mke Appointed by the commissioner of pensions, may be required by him,
special ^xamina- from time to time, as he shall deem for the interests of the government,
doners Pea ~ to .make special examinations of pensioners on the rolls of their respec-
tive districts, and such examinations shall have precedence over previous
examinations, whether special or biennial But when injustice, is alleged (
to have been done by any examination so ordered, the corn issioner of
Examining pensions may, at his discretion, select a board of three duly appointed
board# examining surgeons, who shall meet at a place to be designated by him,

and shall review such cases as may be- ordered before them on appeal
from any special examination as aforesaid, and the decision of such board
shall be final on the question so submitted thereto* The compensation of
Pay. all such surgeons shall not exceed that which has been customarily

allowed in such cases, and shall be paid out of any appropriations made
for the payment of pensions, in the same manner as the ordinary fees of
appointed surgeons are or may be authorized to be paid*
Volunteers, not Sbo. 9* 4nd be it Jurther enacted, That those persons, not enlisted
enlisted; disabled soldiers in die army, who volunteered for the time being to serve with
have be neStsof m 7 regularly organized military or naval force of the United States, or
pension laws. where persons otherwise volunteered and rendered service in any en-
gagement with rebels or Indians since the fourth day of March, eighteen
hundred and sixty-one, shall, if they have been disabled in consequence
of wounds received in battle, in such temporary service, be entitled to the
same benefits of the pension laws as those who have been regularly
Their widows mustered into the United States service. And the widows, or other
and dependents, dependents, of any such persons as may have been killed in the temporary

service aforesaid shall be entitled to pensions in the same manner as they
would have been had such persons been regularly mustered : Provided,
Claims to be That no claim under this, section shall be valid unless presented and
yeatsT itWa P 1 " 086011 * 6 ^ *° a successful issue wifchin three years from and after the
passage of this acL All such claims shall be adjudicated under such
special rifles and regulations as the commissioner of pensions may pre-
scribe^ most effectually to guard against fraud.
Any person Sbo. 10* And be it further enacted, That if any person entitled to
?n valid 1 ^nsio 9X1 *°Talid P ens * 0Q under the provisions of the act granting pensions,
an?dyingwfa^e approved July fourteen, eighteen hundred and sixty-two, has died, or shall
application b hereafter die, while an application for such pension is pending, and having
wldo^&Jc^to a w ^ow or dependent relative entitled to receive a pension by reason of
receive it * his service and death, as provided in said act, then the pension to such
1^2, ch. 166. widow or other person shall commence from the date at which the
p * * decedent's invalid pension would have commenced had he survived,
Post, p. 500. subject to the conditions of this act, and the act to which this is
amendatory.

j^isted Sbo. 11. And be it Junker enacted, That all enlisted soldiers in the

to harobenefit of army who shall have become disabled in the service, whether they shall
pension laws, have been regularly mustered in or not, shall be entitled to the same
tewJf in? °* moS " benefits of the pension laws as those who have been regularly mustered

IH1KT Y-EIGHTH CONGRESS. Sects. L Oh. 247, 248, 1864.

889

into the United States service; and tbe widows or other dependents Their widow*

entitled to pensions by law, as prescribed by the act of July fourteen, and dependent*

eighteen hundred and sixty-two, of any such soldier who may have been

killed, or shall have died, or shall hereafter die, by reason of any wound

received or disease contracted while in said service and in die line of

duty, shall be entitled to the same pension as though such soldier had

been regularly mustered into the service.

Sec* 12, And be it further enacted, That the fees of agents and Fees of pension
attorneys for making out and causing to be executed the papers necessary SJ^notto ea>*
to establish a claim for a pension, bounty, and other allowance before the ceed,
peiision-pffice, under this act, shall not exceed the following rates : For
making out and causing to be - duly executed a declaration by the appli-
cant, with the necessary affidavits, and forwarding the same 'to the pen*
sion-office, with the requisite correspondence, ten dollars; which sum
shall be received by such agent or attorney in full for all services in
obtaining such pension, and shall not be demanded 6r received in whole
or in part until such pension shall be obtained; and the sixth and Repeal of §§6,
seventh sections of an act entitled a An act to grant pensions," approved 1862 »
July fourteenth, eighteen hundred and sixty-two, are hereby repealed. Vol, »i. p. 568*

Sec. 13. And be it /father enacted, That any agent or attorney who Penalty upon
shall, directly or indirectly, demand or receive any greater compensation a j^j t |^^ bo
for his services under this act than is prescribed in the preceding section greater tees, &c
of this act, or who shall contract, or agree to prosecute, any claim for a
pension, bounty, or other allowance, under this act, on the condition that
he shall receive _a per centum upon any portion of the amount of such
claim, or who snail wrongfully withhold from a pensioner or other claim-
ant the whole or any part of the pension or claim allowed and due to such
pensioner or claimant, shall be deemed guilty of a high misdemeanor, and
upon conviction thereof shall, for every such offence, be fined not exceed*
!ng three hundred dollars, or imprisoned at hard labor not exceeding two
years, or both, according to the circumstances and aggravations of the
offence*

Sec. 14 And be it further enacted, That the widows and children °^ ftf w |?!^ 8 »^
colored soldiers who have been, or who may be hereafter, killed, or who m^ J^^
have died, or may hereafter die, of wounds received In battle, or who hare pension upon
died, or may hereafter die, of disease contracted in the military service of 1^1!^?^
the United States, and in the line of duty, shall be entitled to receive the mMna S e '
pensions now provided by law, without other proof of marriage than that
ithe parties had habitually recognized each other as .man and wife, and
'lived together as such for a definite period next proceeding the soldier's
enlistment, not less than two years, to be shown by the affidavits of
credible witnesses : Provided, hiowever^Th&t such widow and children are Marriage, wher
free persons : Provide^ JwriherTh^i? such parties redded I in anytfate J^f"^-
in which their marriage may have been legally solemnized, the •tisual
evidence shall be required.

Sec. 15. And be it farther enacted) That all acta and parts of acts Repeal in-
inconsistent with the provisions of this act are hereby repealed* consistent lavs.

Approved, July 4 1B64

Chas. CCXLVIIL ~-AnActJbr the ReUef of Seamen and Others home on the Books of July 4, 1864.

Vessels wrecked or tost in the Naval Service*

Be it enacted by ike Senate and House of Representatives of the United
States of America in Congress assembled, That the proper accounting Day when the
officers of the treasury be, and they are* hereby, authorized, under tbe TOefoftoenavy
direction of the Secretary of the Navy, in settling die accounts of seamen, 8 h a ]i deemed
and others, not officers, borne on the books of any vessel in the navy, Wbate occurred
which shall have been wrecked* or which shall have been unheard from
so long that her wreck may be presumed, or which shall have been de-

890

THIRTY-EIGHTH CONGRESS. Susss.1 Ch. 248, 249. 1864

stroyed or lost, with the rolls and papers necessary to a regular and exact
settlement of such accounts, to fix a day when such wreck, destruction, or
loss shall he deemed and taken to have occurred.
Accounts of Sec. 2. And be it further enacted, That the proper accounting, officers
petty officers, sea- f treasury be, and they are hereby, authorized, in settling the ao»
ves^lThow 1 ^ be C0UDts °f ^ e petty officers, seamen, and others, not officers, on board of
settled. any vessel in the employ of the United States, which by any casualty, or

in action with the enemy, has been of may be sunk or otherwise destroyed,
together with the rolls and papers necessary to the exact ascertainment
of the several accounts of the same at the date of such loss, to assume the
last quarterly return of the paymaster of any such vessel as the bads for
the computation of the subsequent credits to those on board, to the date
of such loss, if there be no official evidence to the contrary. Where such
quarterly return has, from any cause, hot been made, the said accounting
officers are hereby authorized to adjust and settle said accounts on prin-
Compcnsation ciples of equity and justice ; and to allow and pay to each person, not an
*» be paid for loss officer, employed on a vessel so sunk or otherwise destroyed, and whose
efleS! personal effects hare been lost, a sum not exceeding sixty dollars as com*

pensation for loss of his personal effects.
Ifsuch petty Sac. 3. And be it further enacted, That in case of the death of such
fa^d^w^ent P 6 *^ °ffl° er > seaman, or other person, not an officer, such payment shall
to be made to bis he made to the widow, child or children, father* mother, brothers and sis*
widow, &c, and ters, (jointly,) in that order of preference, under such rules as the second
money?"* comptroller of the treasury may prescribe ; such credits and gratuity to

be paid out of any money in the treasury not otherwise appropriated.
Approved, July 4, 1664.

July 4, 1864. Chap. CCXLIX. — An Act farther to regulate the Carriage of Passengers in Steamships
and other Vessels.

Be it enacted by the Senate and House of Representatives of the United .
Term w contig- States of America in Congress assembled, That the term * contiguous ter-
™tto^Sto rit01 7> W m the flr8t aectwra of the act entitled "An act to regulate the
certafn^orts. carriage of passengers in steamships and other vessels," approved March
1855, ch. 213, § . three, eighteen hundred and fifty-five, shall not be held to extend to any
Vol z. p. 71& port or place connecting with any inter-oceanic route through Mexico.
Provisions of Sec. 2. And be it further enacted, That the provisions of the eleventh
§ U ofaxrtof section of said act be, and the same are hereby, extended to all vessels
extended. ' whose passengers, or any part of them, are or shall be bound from or to
Vol. x. p. 719. any of the ports or places therein mentioned, by way of any overland route

or routes through Mexico or Central America.
Three coplesof Sbo. 3. And be it further enacted, That hereafter there shall be de-
icaSsto be given Hvered to masters or owners of vessels three copies of the inspectors* car*
masters, &c tificates directed to be given them by collectors or other chief officers of

the customs, by- the twenty-fifth section of the act entitled "An act to
1852, ch. 106, §25. amend an act entitled * An act to provide for the better security of the'
Vol. x. p. n. ii ves f passengers on board of vessels propelled in whole or in part by
steam/ and for other purposes," approved August thirty, eighteen hundred
One to be kept and fifty-two, one of which copies shall be placed, and at all times kept,
in a conspicuous by said masters or owners, in some conspicuous place in the vessel, where
vesaeiT k "HI he most likely to be discovered by steerage passengers, and the

others as now provided by law ; and the penalty for neglecting or refusing
Penalty. to P* ace m & keep up such additional copy shall be the same as is pro*
vided by the said twenty-fifth section in the other cases therein mentioned.
Listofpassen- Sec. 4 And be it further enacted, That the list of passengers required
pre to be open to to be kept by section thirty-five of the said act of August thirty, eighteen
a ^fter°cUarance hundred and fifty-two, shall also be open to the inspection of any passenger
and before sail- during all reasonable Hours ; and that after any clearance is granted, but
tog, master to file before the vessel shall be allowed to depart, the master or other person in

THIRTY-EIGHTH CONGRESS. Seas. L Ch. 249. 1864

891

charge of such vessel, carrying passengers, shall file with die collector, or sworn passenger
other officer of the customs granting the clearance, a list, verified by the U*t with collector,
oath of the master, or other agent, or owner of the vessel, of all passen-
gers received, or to be received, on the vessel so cleared, for conveyance
during the proposed voyage, designating cabin and and steerage pas-
sengers distinctly ; and on the receipt by such customs officer on the foil
list so verified, a departure permit shall be given, without which no vessel Departure per-
conveying passengers shall go to sea ; and such departure permit shall be
' shown to the pilot of. each vessel before he shall have authority to take to be shown
the vessel to sea; and any pilot who shall, without such authority being P***** ,
shown to him, pilot a vessel to sea, shall be subject to a fine of one hundred p no^if f fecT* 1
dollars, and a revocation of his license*

Sec* 5. And be it Jurther enacted. That the master or commander of Master of pas-
any vessel carrying passengers from any port or ports in the United States ffJfJJIJJJJ T n
to any port or place in Mexico or Central America shall; imrx ddiately on Mexico, to
arriving at such last-mentioned port or place, deliver to the Ui ited States give toconsul
consul, vice-consul, or commercial agent at such port two copies of the list ofWaen-
of passengers required to be kept on such vessel by said section thirty- gers.
five of the act of August thirty, eighteen hundred and fifty-two, embracing
all the passengers on board the vessel at any time during its voyage up
to its said arrival, and duly verified by the oath of such master or com-
mander, and by the inspection of the consul, vice-consul, or commercial
agent, previous to or at the landing of the passengers ; one of which copies Disposition of
the said consul, vice-consul, or commercial agent shall file in his office, copes.
and the other joLwbich he shall transmit, without delay, to the collector of
the. port .in the United States from which the vessel last cleared. And if Penalty for
such master or commander shall refuse or neglect to comply with the re- fl 3gtect*
quirements of this section, or shall ktfowingly make a false return of the
iisi of passengers, he, together with the owner or owners of .said vessel,
shall be subject to a fine of not less than ten thousand dollars, and such
fine shall be a lien upon the vessel until paid.

Sec. & And be it jurther enacted, That the provisions of section twelve Provisions of
of the act entitled "An act to -provide for the better security of the lives I^'^wl
of passengers on board of vessels propelled in whole or in part by steam," tended,
approved* July seventh, eighteen hundred and thirty-eight, be, and the Vol v. p. 80S.
same are hereby, extended to the owner or owners of any steamboat or
other vessel propelled in whole or in part by steam, and to all public
officers, by, or in consequenca o$ whose fraud, connivance, misconduct, or
violation of law, the life or lives of any person or persons on board such
steamboat or vessel may be destroyed.

Sbc. 7. And be it Jurther enacted. That if the owner or owners, master, Penalty upon
commander, or other person in charge of any steamboat or other vessel, owner, &c, for
shall wilfully present, or cause to be presented, any false or fraudulent list ^^f^^^ 6
or lists of its passengers, or copies thereof, to any consul, vice-consul, com- gets,
mercial agent, collector, or other custom-house officer, or of the> departure
permit to any pilot, he or they shall be held guilty of misdemeanor, and
on conviction thereof shall be imprisoned for .a term not exceeding two
years; and the vessel shall be liable to seizure and forfeiture.

Sbo. 8. And be U further enacted, That the Secretary of the Treasury Synopsis of
shall cause to be prepared a synopsis of such of the laws relating to the jjjh^^ 1 ^*
carriage of passengers, and their safety on vessels propelled in whole or P™" 60 * 5
in part by steam, as he shall think expedient, and have the same printed
in convenient form to be framed under glass, and give to any such vessel two
copies, on application of its owners or master, who shall, without unneces-
sary delay, have the same framed under glass, and place and keep them in to be kept in
conspicuous places in such vessel, in the same manner as is provided by law wnspicuous
in regard to certificates of inspectors ; and no clearance shall be issued to vessel?*
such vessel until tfce collector or other chief [officer] of the customs shall Clearance not
be satisfied that the provisions of 'tins section shall have been complied gbe issued unto,

892 TmSmr-EJGH'PH tJOJff&Rfi^S; ^ S&s. L 250, 251. 18^4

with by such owners 'dr master ; and In case such owners or master -shall ■
neglect or refuse to comply with provisions of this section, he or they

Forfeiture. shall furthermore forfeit and pay for each offence one hundred dollars,
and such fine shall be a Hen upon the vessel until paid*

Informers en- SBC. 9* And be it further enacted, That informers shall be entitled to

wtafor &cf °* 0ne na ^ °f * n 7 V &0S ^T or ^ ne - collected under this act, or the said act of

March third, eighteen hundred qnd fifty-five, upon their information.
Steamers bound * SeO. 10« And be it further enacted, That all steamers and other vessels
wrteSSM^e D ^ on S" 1 S *° * or to citizens of the United States, and bound from
onboard certain* any port in the tjnited States to, any other port therein, or to any foreign
goM, &e* port, or from any foreign port to any port in the United States, shall, be-
fore clearance, receive on board all such bullion, co|n, United States notes
and bonds and £ther securities as the government of the United States or
any department thereof* or' any minister, consul, vice-consul, or commer-
cial or otl *er agent of the United States abroad shall offer, and shall
securely ooavey and promptly deliver the same to the proper authorities
or consignees on arriving at the port of destination, and shall receive for
such service such reasonable compensation as may be allowed to other
carriers in the ordinary transactions of business.
Afpeovsp/ July 4 1864

+

J ury 4,1864. Chap. CCL. — An Ad to pay, in Part, for publishing the Debates of Congress, and fir
1 other Purposes, *

Be it enacted by &» Senate and Home of Representatives of ike United
Set of Cangrea- States of America iiC Oongressr assembled, That the secretary of the Sen-
stonal Globe and a te and the clerk of the House«of Bepresentatives be, and they are here-'
eaXsenato^ &c d 7j directed to purchase from the publishers of the Congressional Globe
' and Appendix, for each senator, representative, and delegate in the pres-
ent and each succeeding congress, who has not heretofore received the
same, one complete set of the Congressional Globe and Appendix.
Vay to pub- Seo. % And be it further enacted^ That there shall be paid to the
™JSwfn pohlishers of the Congressional Globe and Appendix, by the secretary
Steapag^s; of * e Senate and the clerk of the House of Representatives, out of the

contingent funds of the two houses, according to the number of copies of
the 'Congressional Globe and Appendix taken by each, one toent for every
five pages exceeding three thousand pages for a long session, or fifteen
hundred pages for a short session, including the indexes and the laws of
the United States for this and each future congress*
Appropriation, Sec. 8. And be it farther enacted. That the sum of ninety-eight thou*
sand five hundred and forty-four dollars be, and 'the same is hereby, ap-
propriated, out of any money in the treasury not otherwise appropriated,
for the purposes herein named for the present congress ; and that thirty
bow disbursed, thousand four hundred and twenty-four dollars of the same be disbursed
by the secretary of the Senate, and the remainder by the clerk of the
t House of Bepresentatives.
Repealing; S&b. 4. And be it further enacted, That all acts and parts of acts in*
consistent herewith be, and the same are hereby, repealed : Provided,
.Either parry however, That the above provisions are made upon the express condition
may abK&ate that they may be abrogated by either congress or the publishers of the
b/two^ears^ 118 Congressional Globe and Appendix at any time after giving two years"
notice. notice for that purpose.*

AmtOTSD, July 4, 1$64.,

t

July 4, 18S4. Cba?. CCLL — An AM milting an Appropriation for'lestitg Submarine Inventions,

Be it enacted by* the Senate and Bouse of Representatives of the United.
Appropriation States of America in Congress assembled, That the* sum of twenty-five
submarine tovei£ * n * 0U8an <* *>&*rs is hereby appropriated for the, purpose of testing suV :
tions. * marine batteries 'and other inventions, to be applied under the direction

THIRTY-EIGHTH jQCPSEEg&x StBtYt > 25& 1961

396

of the Secretary of the Navy . to experiment rapon- such device for sub-
marine operations as may be recommended as worthy of practical test by
a commission of competent naval officers and scientific men, now or here-
after to be organized for their examination.
Approved, July 4, 18.64.

Chap. CCLH— An Act to authorize the Secretary of ths Navy to provide fir the Edur July 4, .1864.
cation of Naval Constructors and Steam Engmeers, and fir other Purposes,

Be it enacted by the Senate and House of Representative* of the United
Slates of America in Congress assembled, That the Secretary of the Navy Education of
be, and he is hereby, authorized to provide, by regulations to be issued by naval S°2S^ ct "
him, for- the education of such midshipmen or others at the Naval Acad-
emy as show a peculiar aptitude therefor as naval constructors, or civil
and steam engineers, and may form a separate class for this purpose, to
be styled cadet engineers, or otherwise afford to such persons all proper Cadet engi-
facilities for such a scientific mechanical education as will fit them for ******
such professions.

Sec. 2. And be it further enacted. That, upon the recommendation of Appointments
the academic board, such persons connected with the scientific and ofsucil P** 8 " 18 *
mechanical class as graduate therein with credit, may be immediately
appointed as assistant naval constructors or warranted as engineers.

Sec. 8. And be it further enacted, That cadet engineers, not to exceed Number and
fifty in number, shall be appointed by the Secretary of the Navy : Pro- appointm
videdj -That no person, other than midshipmen, shall be eligible for such
appointment who shall not produce satisfactory evidence of mechanical
skill and proficiency, and that he has been employed at least two years in
the actual fabrication of steam machinery*

Sec. 4 And be it further enacted. That cadet engineers, when ap~ Age.
pointed, shall be under eighteen years of age, and shall have passed a
mental and physical examination. They shall be admitted to the Naval Examination.
Academy, where they shall be examined from time to time, according to ^ May be admit-
the regulations prescribed by the Secretary of the Navy ; and if found JS^taJy.
deficient at any examination, or dismissed for misconduct, they shall not
be continued in the academy, or in the service, except upon recommenda-
tion of the academic board.

Sbc. 5. And be it further enacted, That the academic course* of cadet Length of aca-
engineers shall be two years, and their pay the same as that of midship- denuc wvn **
men.

Sec. 6. And be it further enacted, Thai the number of chief engineers NumWof
shajl not exceed one for each first and second rate vessel hi the navy, ^^lie^tbr
with such first, second, and third assistant engineers, or* those acting as vessels,
such, as the wants of the service actually require. And that, from and
after the passage of this act, the annual pay of the engineer officers of ne ^£ft^^
the navy, on the active list, shall be as follows : — n*m

Every chief engineer on duty, for the first five years after the date of of chief esgU
his commission, two thousand two hundred dollars. *****

For the second five years after the date of his commission, two thou-
sand five hundred dollars*

For the third five years after the date of his commission, two thousand
eight hundred dollars.

After fifteen years after the- date of his commission, three thousand
dollars.

Every chief engineer on leave or waiting orders^for the first five years
after the date of his commission, one thousand fire hundred dollars.

For the second five years after the date of his commission, one thou
sand six hundred dollars.

For the third five years *%fter the date of his commission, die thousand *
seven hundred dollars.

394 THIRTY-EIGHTH OGN&RESS. Sess. L 1 Ch. 252, 25B< 1864.

After fifteen years after the date of his commission, one thousand eight
hundred dollars. .

Pay of first as- Every first assistant engineer on doty, one thousand fire hundred
rietant engineer; dollars.

While on leave or waiting orders, one thousand one hundred dollars. '

' .^ 8econ 4 *** Every second assistant engineer on duty, one thousand two hundred
sistant engineer; ^jj^ '

While on leave or waiting orders, nine hundred dollars,
of third assist- Every third assistant engineer on duty, one thousand dollars*
ant engineer* Wbjle m ]eave or waJti|lg eight dollars.

Where articles - Sec. 7. And be it further enacted, That section two of joint resolution
c^»es,c^Jn * authorizing the Secretary of the Navy to adjust the equitable claims
bids may ber»» of contractors for naval supplies, and regulating contracts with the Navy
jected. Department," approved March three, eighteen hundred and sixty-three,

be, and the same is hereby, amended by adding to the same the following
Vol. xh\p.828. proviso, viz : Provided, That where articles are advertised and bid for in
classes, and .in the judgment of the head of the department, any one or
more articles appear to be bid for at excessive or unreasonable prices
exceeding ten per centum above their fair market-value, he shall be
authorized to reject such bid*
Approved, July 4, 1864

Jidy 4» 1864, Gba& CCUIt — An Act to provide for the better Organization of the Quartermaster**

Depcatmentl

Se it enacted by the Senate and Home of Representatives of the United

Organization States of America in Congress assembled, That there shall be established
^HtewSwit. ^ e < ^ ce °^ tDe <l«artcrmaster-general of the army, to exist during the

Certain divfe- present rebellion and one year thereafter, the following divisions, each of
ions established, which shall be plaeejd in the charge of a competent office* of the quarter-
master's department, to be assigned to such duty by ttie Secretary -of
War, who shall, under such rules' as may be prescribed by the quarter-
master-general, with the approval of the Secretary of War, transact the
business of such division as hereinafter provided, to wit : —

1st division. The first division shall have charge of the purchase, procurement, and
disposition of horses and males for cavalry, artillery, wagon and anion* .
lance trains, and all other purposes for which horses or mules may be
procured for the armies of the United States*

2d division. The second division shall have charge of the purchase, procurement,
issue, and disposition of cloth and clothing, knapsacks, camp and garrison
equipage, and all accoutrements of the soldier which are provided by the
quartermaster's department.

3d division. The third division shall have charge of the purchase, charter, hire, and
maintenance of all vessels to be used in the transportation of the army,
and of prisoners of war, and of their supplies, on the ocean, and the bays
and sounds connected therewith, and upon the northern and northwestern
lakes, including all* vessels propelled by steam or otherwise, owned or
employed by the War Department, excepting river steam-vessels and
barges upon the western rivers.*

4th division. The fourth division shall have charge of the purchase, charter, hire,
maintenance, and procurement of all transportation for the army, and its
supplies by land and upon the western rivers, (other than transportation
by animal power in the field, and at camps, garrisons;, posts, depots^ fcud
stations,) including all railroad and telegraph lines operated by the United
States for military purposes, and of all steam rams and gunboats owned
or employed by the War Department upon the western rivers, until other
disposition shall he made of them by competent authority*

9th division. The fifth division shall have charge of the purchase, procurement,
issue, and disposition of forage and straw for the army.

*

THIRTY-EIGHTH CONGRESS. &B8S.L Ch.258. 1864.

395

The sixth division shall have charge of the erection, procarement, Q^^J^ 6 ^ 8
maintenance, disposition, and so forth, of all barracks, hospital buildings, ^
storehouses} stables, bridges, (other than railroad bridges,) wharves, and 6th division,
other structures composed in whole or ha part of lumber, and of all lum-
ber, mute, and hardware for building purposes ; and of (he hire and com-
mutation of quarters for officers, the hire of quarters for troops, the hire
of grounds for cantonments, or other military purposes, and the repair
and care of all buildings and other structures herein mentioned, and of all
grounds owned, hired, or occupied for military purposes, except such as
are lawfully under the charge of other bureaus of the War Department ;
and of extra pay to soldiers employed in-erecting barracks, or other fatigue
duty, under the acts of March second, eighteen hundred and nineteen,
and August fourth, eighteen hundred and fifty-four.

The seventh division shall have charge' of the purchase, procurement, 70i division*
issue, and disposition of all wagons, ambulances, travelling forges and
harness, (except 'such as are furnished by the ordnance department,) and
of all hardware except as hereinbefore provided; and of all fuel for
officers and enlisted men, camps, garrisons, hospitals, posts, storehouses,
offices, public transports, steam-rams, and army gunboats, and of all
transportation by animal power in the field, at campi, garrisons, posts,
depots, and stations ; and of the construction and repair of roads other
than railroads ; and of the compensation of wagon and forage masters,
and of clerks to officers of the quartermaster's department ; and of the
purchase of heating and cooking stoves ; and of the expenses of courts-
martial, military_<M>mmi8sions, and courts of inquiry ; and of mileage and
allowances to officers for the transportation of themselves and their bag-
gage when travelling upon duty without troops, escorts, or supplies, and
of supplies for prisoners of war and such refugees as the Secretary of
War may direct to be temporarily provided for ; and of the purchase of
stationery, blanks and blank books for the quartermaster's department ;
and of the printing of the division and department orders and reports ;
and of the proper and authorized expenses for the movements and oper-
ations of an army not expressly assigned to any other division or depart-
ment

The eighth division shall have charge of all inspections of the quarter- g& drfisum.
master's department, and of all reports made by officers assigned to inspec-
tion duty, analyzing and preserving the reports as received, and communi-
cating through the quartermaster-general, to the chiefs of the proper divis-
ions such portions of these reports as may be necessary for their information
and use : Provided, That the officers assigned to inspection duty stall have Power ©fin-
power not only to report and to point oat any errors or abuses which apoettog officers*
they may discover in the practical operations of the quartermaster's de-
partment, but to give, by order of the quartermaster-general, the orders
*hieh may be immediately necessary to correct and to prevent a contin-
oance of such abuses or errors : Provided, farther, That all such orders Proviso*
jhall be immediately reported to the chief of the inspection division for
the approval, or otherwise, of the quartermaster-general.

The ninth division shall have charge of all the correspondence, returns, 9th division,
reports, and records received, filed, and preserved in the office of the
quartermaster-general, and of the transmission thereof to the several other
divisions of this office, and departments of the government*

Sec 2* And be it Jtorther enacted. That the heads of the several Heads of sw-
divisions above mentioned shall, under the direction of the quartermaster- e ^!^ i / &8 J^ -
general, from time to time, advertise for proposals for the supplies neces* JowR* sup^
sary for the movements and operations of the several armies, posts, plies,
detachments, garrisons, hospitals, and for other military purposes, in -news-
papers having general circulation in those parts of the country where
such supplies can be most advantageously furnished, having regard also
to the places where such supplies are to be delivered and used j and all

896

THIRTY-EIGHTH CONGRESS. Sb*&1 1664s,

Supplies to be such supplies, so purchased or contracted for, shall be subject to careful
inspected. inspection, and all clothing and camp and garrison equipage, shall be sub*

ject to a double inspection, first, as to the quality of tfie material, and
second, as to the kind and character of the workmanship, which inspec-
tion shall in all cases be performed by a competent inspector, with suit-
able assistants, who shall have had ample experience in the inspection of
Payments for cloth, clothing, knapsacks, camp and garrison equipage ; and all payments
' how for supplies so purchased shall be made under the direction of the officers
made - in cha^e of tte several divisions above mentioned, upon receipts or eer-

tificates from the officers inspecting and receiving such supplies', prepared
in such form and attested in such manner as may be prescribed by the
quartermaster-general.
Depots for re- Sec. 3* And be it further enacted, That it shall be the' duty of the
5^5? aBd ,<%- quartermaster-general to establish depots,"from time to time, at places Con*
Sffi venient to the principal armies in the field, for receiving and attributing
field. the supplies necessary for such armies, and for the detachments, posts, and

hospitals most accessible to such depots ; and the business of inspecting,
weighing, measuring, and receiving supplies for such armies, detachments,
posts, and hospitals, and of giving receipts or certificates therefor to the
persons furnishing such supplies* shall be carried on as far as practicable at
. such depots ; but the quartermaster-general, or the heads of the several divis-
ions above mentioned, may cause such supplies to be sent from the place
of purchase directly to the quartermasters of the commands for whose
use they are procured, in any cases where it may be more* economical or
advantageous so to do ; and in cases where horses, moles, clothing, or
camp and garrison equipage may be so sent, suitable and* competent in-
spectors shall be sent to examine the same before they shall, be issued and
receipted for.

In emergencies, Sbg. 4 And be it further enacted, That when an emergency shall
ibtoi^^&te exist requiring the immediate procurement of supplies for the necessary
lidveWsement movements and operations of an army or detachment; and when such sup-
plies cannot be procured from any established depot of the quartermaster's
department, or from the head of the division charged with the duty of
furnishing such supplies, within the required time, then it shall be lawful
for the commanding officer of such army or detachment to order the chief
quartermaster of such army or detachment to procure such supplies dur-
ing the continuance of such emergency, but no longer, in the most expe-
ditious manner, and without advertisement ; and it shall be the duty of
such quartermaster to obey such order ; and his accounts of the disburse-
ment of moneys for such supplies shall be accompanied by the order of
the commanding officer as aforesaid, or a certified copy of the same, and
also by a statement of the particular facts and circumstances, with their
dates, constituting such emergency*
Overmaster- Sbo. 5* And be it further enacted, That it shall be the duty of the
qdremwSy quartermaster-general, immediately after the passage of this act, and at
Ptatemento of least once in every month thereafter, to require from the principal quar-
JUJf^g^^ 3 * termasters of the several military departments and depots, approximate
"* statements of the aggregate amounts of supplies on hand, and estimates
of the additional amounts required for the service for the ensuing month,
stating at what places such supplies will \be required, and what amounts
are legally contracted for but not yet delivered. And it shall be the duty
of the heads of the several divisions' above mentioned tojcause to be made
purchases or contracts for the supplies which the quartermaster-general
may estimate to be necessary in accordance with law, and all quarter*
masters shall forthwith report to the quartermaster-general, to be referred
to the heads of the several divisions above mentioned, all contracts hot
yet fulftlle4 which they may have executed ob behalf of the United States,
and alt proposals which they may have received in answer to advertise-
ment* for future supplies, 'and shall hereafter regularly report to the

^BIETT-EIjBHTei, §**s. I. 0*253.. 1864 397

quartecmaster-general copies of aU contracts made and all proposals re- Copies of con-
ceived for supplies of any kind to be furnished. And if any quarter- {J*^* 1 *^
master shall neglect or refuse, for the space of one month, to report to I pc£iity for
the quartermaster-general any such contract or proposal, -such neglect or neglecting, &c,
refusal shall be deemed prima fecie evidence of ftaud, and the pay of %^°$£ > *'
such quartermaster shall be stopped until he shall have made a satis&e- '
tory explanation to the Secretary of War of such neglect or refusal

Bsc. 6* And be it further enacted, That aU inspectors of horses, mules, Inspector* to be
clothing, fuel, forage, lumber, hired transports, and other supplies of the sworn,
quartermaster's department, shall be sworn (or affirmed) to perform their
duties in a faithful and impartial moaner, and shall, for any corruption, Penalty for cot-
wilful neglect, or fraud in the performance of their duties, be. liable to J^gS?
punishment by fine and imprisonment, by sentence of court-martial or
military commission.; and if any contractor or person furnishing such Penalty tooh
supplies or transportation shall give, or offer to give, to any inspector of £fo^ to &<T r
such supplies or transportation, or to any other person for his use, directly moneyf'&c., to
or indirectly, any money or other valuable oonsideratibn,*&uch person giv- inspect**...
ing, or offering to give, such money or other valuable ^consideration, shall
forfeit to the United States the full amount of his contract or contracts
with the United States, and the name and offence of such person shall be
published in general orders, and also in one newspaper of general circula-
tion nearest to his place of residence.

Sec. 7* And be it further enacted, That the provisions of the sixteenth ^^s^JSin
section of the act entitled "An. act to define the pay and emoluments of tractors sub-
certain omnera-of the army, and for other purposes, 9 ' approved July ject to, &c*
seventeen, eighteen hundred and sixty-two, shall apply to all persons en- 3°°'
gaged in executing the contracts therein referred to, whether as agents of * y<>L xh\p.5&«.
such contractors or as claiming to be assignees thereof, or otherwise, and Batl ai^ed,
to all inspectors employed by the United States for the inspection of sub- &c
gistence, clothing, arms, ammunition, munitions of war, or other descrip-
tion of supplies for the army or navy of the United States: Provided,
That any person arrested to answer charges for a violation of the provis-
ions of this act, or of the act to which it is in addition, 'shall be admitted
to bail for his appearance to answer the charges made against him before
any court-martial constituted to try him, in such sums and with such sure-
ties as shall be designated and approved by the judge of the district court
of the district in which the arrest is made, or the offence is charged to
have been committed, or any commissioner appointed by such court*

$BO. 8. And be it further enacted. That if any contractor or person Penalty on
furnishing supplies or transportation shall give, or offer to give, or cause XlnSX,
to be given, to any officer or employee of the quartermaster's department &c, for offering;
having charge of the receipt or disposition of the supplies or transpocta-
tion furnished by him, or in any way connected therewith, any money or &^J n quarter-
other valuable consideration, directly or indirectly, all contracts and char- master's depart-
ter8 with such person shall, at the option of the Secretary of War, be null ment t &c -
and void; and if any officer or employee of the quartermaster's depart- flcSpSo^f^h**
meat shall knowingly accept any such mouey or other valuable considera- money, &c
tion from such person, he shall be deemed guilty of malfeasance, and shall
be punished by fine and imprisonment, or both, as a court-martial or mili-
tary commission may direct*

Sec* 9* And be it further enacted, That whenever it snail become Bnl* 8 for
necessary to purchase any steam or sailing vessel for the use of the quar- ^^j^^
termaster's department, the same shall be first inspected by one or more master's depart-
competent naval officers detailed in accordance with the provisions of the ment
" act authorizing the detail of naval officers for the service of the War
Department,** approved February twelve, eighteen hundred and sixty-two, isea, ck 21.
and all steam-vessels shall be inspected by an officer skilled in the con- Vol.su. p. 838.
struction and operation of steam machinery,.in addition to the other usual
inspection of such vessels : Provided) That the provisions of this, section Proviso.

vol. xiii. Pun. — 84

898

THEBTY-EIGHTH CONGRESS. Sess. L Ck.258* 1864

shall not apply to steamboats or other vessels in military service on the
western rivers ; bat such river steamboats or vessels shall be so inspected
by competent builders, to be designated for that purpose.
Officers to Sm 10* And be it further enacted, That the officers placed in charge
iSSto hare of tb ^veral divisions provided for by the first section of this act, shall,
what nmk and duri , the time they remain in such charge, each_Jiave the rank, pay, and
pay. emo ments of a colonel in the quartermaster's department: Provided,

Distribution Thk* the quartermaster-general may^ with the approval of the Secretary
°f£j*ta *wy be £ yr^, from time to time, and according to the necessities of the public

service, change die distribution of duties among them; and all such
changes shall be forthwith published in general orders of the War Be*
partment*

Inspector* of Sec 11. And be it further enacted, That daring the continuance of the
^s^dsSSSl P resent rebellion, the Secretary of War may assign to duty, as inspectors

of the quartermaster's department, six officers, to be selected from the
regular and volunteer officers of that staff corps, who- have served not
less than one year, who shall have, while so assigned and acting, the tern*
porary rank, pay, and emoluments of colonels of the quartermaster's de-
partment; and also, when in his judgment it is necessary, may assign to
each army in the field, consisting of more than one army corps, and to
each military department and to each principal depot, not exceeding ten
in number at any one. time, of the quartermaster's department, an officer
Chief mtarter* to act as chief or senior quartermaster of said army, military department,
maSter &L* imy or depot, wno shall haVe while so assigned the temporary rank, pay, and
corps, «c*, emoluments of a colonel of the" quartermaster's department ; and also to
Division assign to each division of two or more brigades, a quartermaster, as di vis-
quartermaster. * on quartermaster, who, while so assigned and acting, shall have the tem-
porary rank, pay, and emoluments of a uutyor of the quartermaster's
Provisos. department: Provided, That when any of said officers is relieved from
such duty, his temporary rank, pay, and emoluments shall cease, and he
shall return to his lineal rank in the department : And provided, further,
That when within the limits of any military department there shall be not
more than one army corps, then the chief quartermaster* of the army
corps shall perfbrm also the duties of the department quartermaster.
Two thirds of Sbo. 12. And be it farther enacted, That, at least two thirds of all the
m^enrorWed °® cer8 °f grade or assigned rank provided for under the provisions
Sbrunder this act of this act shall be selected from among quartermasters of the volunteer
to be (torn volun- service*

^^ofin- Sbo. 13. And be it JUrther enacted, That all acts and parts of acts in*
consistent pro- consistent with the provisions of this act be, and the same are hereby,
visions. repealed.

Approved, July 4, 1864

THIBTY-EIGHTH: CONGBESS. Sbss. L Bfcs.1, 2, 8. 1864.

899

BESOLUTIONS.

|tfo.l.] Joint Resolution of Thanh to Major-General Ulysses S. Grant, and the Offi- Dec. 17, 1868.
cere and Soldiers who have fought under fits' Command during this Rebellion! and pro-
vidino that the President of \he United States shall cause a Medal to be struck, to be pre-
sented to Major-Qeneral Grant in the name of the People of the United States of America,

Be it resolved by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That the thanks of congress be, The thanks of
and they hereby are, presented to Major-General Ulysses S. Grant, and ,
through him to the officers and soldiers who have fought under his com- oSut, his offi-
mand during this rebellion, for their gallantry and good conduct in the cere, and soldiers,
battles in which they have been .engaged ; and that the President of the
Umted-StaiesJ»_requested'to cause a gold medal to be struck, with snita- Qd^™*4al for
ble emblems, devices, and inscriptions, to be presented to Major-General 060 Grant *
Grant

Sso. 2. And be it farther resolved. That when the said medal shall have Copy of resoln-
been struck, the President shall cause a copy of* this joint resolution to be ^§ J 1 ^^| vea
engrossed on parchment, and shall transmit the same, together with the
said medal, to Major-General Grant, to be presented to hjm in the name
of the People of the United States of America.

Sec 3. And be it farther resolved, That a sufficient sum of money to Appropriation- '
carry this resolution into effect is hereby appropriated, out of any money
in the treasury not otherwise appropriated.

Approved, December 17, 1S6&

[No. %\ Joint Resolution tendering the Thanh of Congress to Captain John Rodger*, of Dec 23, 186&
the United States Nav»,jbr eminent SldU ana Zeal in the Discharge of his Dukes.

Be it resolved by the Senate and House of Representatives of the United ?
States of America in Congress assembled, That, in pursuance of the rec- Thanks of
ommendation of the President of the United States, and to enable him to to Cap-

advance Captain Rodgers one grade, in pursuance of the ninth section of gJJ™^
the act of congressof sixteenth July, eighteen hundred and sixty-two, the 1863, cb. 188, § 9.
thanks of congress be, and they are hereby, tendered to Captain John Voi » xiL p* W.
Rodgers, "for the eminent skill and gallantry exhibited by him in the en-
gagement with the rebel armed iron-clad steamer * Fingal,' alias ' Atlanta,'
whilst in command of th£ United States iron-clad steamer 1 Weehawken/
which led to her capture on June seventeenth, eighteen hundred and sixty-
three ; and also for the zeal, bravery, and general good conduct shown by
this officer on many occasions."

Approved, December 23, 1868.

[Ko. &] Joint RescitUim to supph,h Part, Defia^^ Dec 28, 1868.

He Printing, and to supply Deficiencies in the Appropriations for Bounties to Volunteers.

Be it resolved by the Senate and Bouse of Representatives of the United
States of America in Congress assembled) That to supply deficiencies, in

Appropriation part, in the appropriations for the public printing, the suns' of fifty thou*
oabUc fi w?nSD«^ 6aD ^ dollars be, and the same hereby is, appropriated, oat of any money in
p *^ St the treasury not otherwise appropriated.

for bounties and That the sum' of twenty millions of dollars, or so much thereof as may
vohmteeref^ °* 06 quired, be, and the same is hereby,.appropriated for the payment of

Proviso. bounties and advance pay : Provided, That no bounties, except such as

See Post, are now provided by l^w, shall be paid to any persons enlisted after the

Nos. 5, 17. fifth day of January next

Comnmtatioa Sbo. 2. And be it further resolved. That the money paid by drafted per-

those drafted, to

sons under the « Act for- enrolling and calling out the national forces and
be paid into treas- for other purposes, approved third March, eighteen hundred and sixty-
"g^&c* three, shall be paid into the treasury of the United States, and shall be

Vol! xii. p. 788. °ut on requisitions, as in the case of other public moneys, and the

See No. f.posL money so paid shall be kept in the treasury as a special deposit, applicable

only to the -expenses of draft and for the procuration of substitutes ; for

these purposes it is hereby appropriated*
Approved, December 23,' 1863. 1

January 18, 1864. [No. 4;] Joint Rteefotiok to prowcte firth* Printing anmaUy 0/ the Report of the Gofc.

mtssumer of Internal Revenue*

Beitresohed bg the Senate and House of Representatives of the United
•j^P * Stat** of America in Congress assembled, That it shall be the duty of lite
terna?reveroeto sfcpercmWkdent of the public printing annually to print, for the use of the
be printed. • • commissioner of internal revenue* one thousand copies of his report to this

Secretary of the Treasury.
Approved, January 13, 1864

January 18,1864. [No. 6.] Joint Besofctffoft to corttime the Bounties heretofore paid.

Be it resolved by the Senate and House of Representatives of the United
Bounties to -States of America in Gftttfress assembled, That the bounties heretofore paid,
S^be^lStinued UQ(Jer regulations and orders from the War Department, to men enlisting
unto, &c - in the regular or volunteer forces of the^United States for three years or

during' the war, shall continue to be paid from the fifth day of January,
eighteen hundred and sixty-four, until the first day of 'March next, any-
tlrinViri &e oeT £ joint resolution] approved December twenty-third,
eighteen hundred and sixty-three, to the contrary notwiths t an ding * This
resolution to be in force from and after its passage.
Approved, January IS, 1864

January 16, 1864. [No. 6.] A Mesohabn- amendatory oftin Joint ResefUtfan "Vttjgpfo, in Part, Dtflczentfa

in*ife AppTvpriati^Jbrthe PubUc Printing, and to supply Deficiencies in the Appro*

priatuma JbrJBountiesto Volunteers"

Resolved by the Senate and House of Representatives of the United
Honey paid States of Africa in Conffms assembled, That the money paid by drafted'
hy draft **_ persons under the act for calling out the national forces and for other pur-
f^appfled. poses* approved March third, eighteen hundred and sixty-three, or that
1863, eh. 75, $ 1$, may be paid under any act for like purposes, shall be paid into the trtias-
Seeffe.$ ante urv °? 106 United States, and shall be drawn out on requisitions, as are
' other public moneys, for the expenses of the cjraifc and for the procura-
tion of substitutes, for which purposes the money so paid in is hereby appro-
priated*

Approved, January 16, 1864.

TBIBTT-EIGHTH CONGBESS. Sbss. L Res. 7, 8» 9, 10. - 1864

401

[No. 7.1 A Resolution expressive of the Thanks of Congress to Major- Gemot Nathaniel January 28, 1864.
P. .Btonjb antf the Officers and Soldiers under his Command at Port Hudson,

Resolved by the Senate and* Borne of Representatives of the United^
States of America in Congress assembled, That the thanks of congress are The tlianke of
hereby tendered to Major.-General Nathaniel P. Banks and the officers S^f"
and soldiers tinder his command for the skill, courage, and endurance which bis officer*, and
compelled die surrender of Port Hudson, and thus removed the last ob- Port
struction to the free navigation of the Mississippi River

.Approved, January 28, 1864

[Net &} A Resolution of Thanks to Major* General Ambrose E. Burnsuk and the Officers January 28, 1864

ana* Men whofiughi under Ms Command. * '

Resohed by the Senate and House of Representatives of the. United
States of America in Congress assembled. That the thanks of congress be, The thanks of
and they hereby are, presented to Major-General - Ambrose E.JBurnside,

and through him to the officers and men who have fought under his com- Burnside, his
mand, for their gallantry, good conduct, and soldierlike endurance. officers, and men.

Sec. 2. And be it farther resohed, That the President of the United President to
States be requested to cause die foregoing resolution to be communicated SSSg^ 6 ^
to Major-General Bumside in such terms as he may deem best calculated
to give effect thereto.
Appboved, January 28, 1864

[Nov 9.) A Resolution expressive of the Thanks of Congress to Majov^General Joseph January 88, 1864*
Hbotyr, Major- General George A Meade, Major- General OUver O* Houyard, and tko '
Officers and Soldiers of the Army of the Potomac

Resolved by the Senate and House of Representatives of the United States
of America xn Congress dssembled, That that the gratitude of the Ameri- The thanks of
can people and the thanks of their representatives in congress are due, and ^ Dgre ^ 1 a ^ of
are hereby tendered, to Major-General Joseph Hooker and* the officers MajorSSenerais
and soldiers of the Army of the Potomac, for the skill, energy***^ *en- looker, Meade,
durance which first covered Washington and Baltimore from die meditated the1™ffice^and
blow of the advancing and powerful army of rebels led by General Robert men* '
E» Lee ; and to Major-General George G. Meade, Major-General Oliver
Ol.Howard, and the officers and soldiers of that amy, for the skill and
heroic valor which at Gettysburg repulsed, defeated* and drove, back,
broken" and dispirited, beyond the Ifoppahannock, the veteran army of the
[rebellion*

Appboved, January 28, 1864

[No. 10.] A Hesohtion presenting the Thanks of Congress to CorneUus Vanderbilt fir a January 88, 1861

4S\fi of the Steamship VanderbUt.

5V*hereas Cornelius Vanderbilt, ef New York, did, during thef spring The (hanks of
of eighteen hundred and sixty-two, make a free gift to Ms imperilled coun- c ^p e 5 to d Coiw
try.of his new and staunch steamship " Vanderbilt," of nve thousand Urns SutT 8 er "
burthen, built by him with the greatest care, of the best material^ at a cost
of eight hundred thousand dollars, which steamship has ever since been
actively -employed in the service of the republic againstrthe rebel devas-
tations of her commerce ; and whereas the said Cornelius Vanderbilt has
in no manner sought any requital of this magnificent gift, nor any official
recognition thereof : Therefore,

Resolved bg the Senate and House of Representatives of the United States
of America in Congress assembled, That the thanks of congress be pre-,
sented to Cornelius Vanderbilt for this unique manifestation of a fortid
and large-souled patriotism.

Sec. 2. And be it Jwiher resohed, That the President of the United

34*

402 THIBTY-EIGHTH C03PGRESS. Sess. L Kes. 11, 12, 14, 15. 1864

J****S$* States be requested to cause a gold medal to be struck, which shall fitly
mJto*rack,&c^ embody an attestation of the nation's gratitude for this gift ; which medal
and present it. shall be forwarded to Cornelius Vanderbtit, a copy of it being made and
{Appropriation, deposited for preservation in the library of congress.
Po * * Approved, January 28, 1864

Feb. 3,1884. [No. 11*] ASe9oMoninMde^t0^hePtMcPrii^iff.

Resolved by the Senate and House cf Representatives of the United Slate*
Steven hundred of America in Congress assembled, That the second section of the joint
wff&^tSbe resolution approved March third, eighteen hundred and sixty-three, be,
printed/ And the same is hereby, repealed ; and that the superintendent of public
Repeal of former printing be directed to print hereafter seven hundred copies of every bill
Vol. xii. p. 828. 0r j oint resolution ordered or required to be printed by either the Senate
\ or the House of Representatives, under any rale of either house, unless
some other number be specially required by the House ordering the same.
Approved, February 8, 1864

Feb. 19, 186*. {No. 12.] Joint Resolution iendemgjke Thanlcs of Congress to Major- General W. T.
" Sherman*

Be it resolved by the Senate and House of Representatives of the United
The .thank 8 of States of America in Congress assembled. That the thanks of congress
S^Sieto md of PC ? 16 of United Slates are due, and that the same are
Major-Qeneral hereby tendered, to Major-General W. T. Sherman, commander of the
offic^and 8 department and army of the Tennessee, and the officers and soldiers who
omcers, men. m ^ him, for {heir gallant and arduous services in inarching to

the relief of the army of the Cumberland, and for their gallantry and hero-
ism in the battle of Chattanooga, which contributed in a great degree to.
the success of our arms in that glorious victory. .
Approved, February 19, 1864

Feb. 33,1834. [tfo. 14] Jifat Resolution mtiifig Appropriation fir ihe Payment of Taxes on certain

dbg the United States*

Be it resolved by the Senate and House of Representatives of the Untied
Appropriation States of America in Congress assembled, That, to pay taxes on lands
towy taxasoa owned by the United States, the sum of twenty thousand dollars, or so
the United much thereof as nay be necessary, be, and the same is hereby, appropriated
States. out of any money in the treasury not otherwise appropriated ; and the

Secretary of the Treasury is hereby directed to report to congress upon
what lands such taxes may be paid, and the amount so paid.
Approved, Feb. 22, 1864

Feb. 34, 1884. (No. 16.} A Resoktioh tdafive to the Transfer 6f Persons in the Military Servke to the
. T Naval Serines.

Resohed by the Senate and Hbt£serf Represm of the United States
Enlistment into of'America in Congress assembled. First : That the Provost-Marshal Gen-
^oeaied! 8l Se?* 8ra * an ** is hereby, directed to enlist such persons as may desire to
isef^ch* 108. enter into the naval service of the Uaited States, under such directions as
Mite, p. 119.) may be given by the Secretary of War and the Secretary of the Navy,

which enlistments shall be credited to the appropriate district : Provided,
nevertheless, That inasmuch as persons enlisted in the naval service re*
Hot to receive ceive prise money, persons so enlisting shall not be Entitled to receive any
prize money. bounty upon their enlistment. Second : That the President of the United

States may, whenever in his judgment the public service requires, author-
Transfer ize and direct the transfer *of persons who have been employed in sea
authorized. servide, tod pre now enlisted £a regiments for land service^ from such

tHIETY-EIGHTH CONGRESS. Sess. L Res- 16,17,18. 1864 408

regiments to the naval service, upon such terms and according to sach
rales and regolations as he may prescribe : Provided, nevertheless. That Company &c*
the number of transfers from any company or regiment shall not be so *23m^
great as to reduce such company or regiment below the minimum strength strength,
required by the regulations of the military service : And provided, further,
That sach sum as may have been paid to persons so transferred, as bounty Bounty,
for entering into the military service, shall be transferred from the re*
eruiting fund of the naval service to the credit of the proper appropria-
tion for the land service*

Seo. 2. And be itfurther resolved, That there shall be paid to each en- Advance of
listed able or ordinary seaman, hereafter enlisted into the naval service, ^SffSaS^
an advance of three months' pay, as a bounty to be refunded to the treas- &c, seamen as a
ury from any prize money to which sach enlisted man may be entitled* ^SSS»Jl&

Approved, February 24, 1864. ^

[No. 16.] Joint Resolutions of Thanks of Congress to the Volunteer Soldiers who have re- March 3, 1864.

enlisted in the Army.

Be it resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the thanks of congress are Thethanka of
hereby given to those noble and brave men who, having already so gal- ^j^osreSii-
lantly endured the hardships and perils of war, for more than two years, listing,
in support of their country's flag, present the sublime spectacle' of again
voluntarily enrolling themselves in the army of the Union for another
three years' campaign, or so long as the war shall continue.

Sec 2. And be it further resolved, That the Secretary of War cause These tesolu-
these resolutions to be read to each of the veteran regiments who have tions to be read
reSnlisted, or shall reenlist, in both the volunteer and regular forces of the to w S teMaitft »
United States*

Appkoved, March 8, 1864.

[No. 17.] Joint Resolution to continue the Payment of Bounties, March 3,

Be it resolved by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That the bounties authorized to Bounties to cu-
be paid under existing laws, and by regulations and orders of the War listed men to be
Department, to veterans reenlisting, or persons enlisting in the regular or 00
volunteer service of the United States for three years, or during the war, See Ante, Nos*
shall oontin[ue] to be paid from the first day of March, eighteen hundred *» 5 > * ^
and sixty-four, to the first day of April, eighteen hundred and sixty-four,
anything in any law or regulation to the contrary notwithstanding; the
said bounties to be paid out of any moneys already appropriated for sach
purposes.

Approved, March 8, 1864* ____

+

(No. 18.] 4 Resolution of Thanks of Congress to Commodore Cadwcdader Ringgold, the March 7, 1864.

Officers, and Crew of the United States Ship " Sabine.*'

Resolved by the Senate and Bouse of Representatives of the United States
of America %n Congress assembled, That the thanks of congress are hereby The thanks of
tendered to Commodore Ringgold, the officers* petty officers, and men of mX^Ifo^ m "
the United States ship "Sabine," for the daring and s skill displayed in gold, his officii^
rescuing the crew of the steam-transport " Governor," wrecked in a gale meiU
on the first day of November, eighteen hundred and sixty-one, having on
board a battalion of United States marines under the command of Major
John G. Reynolds, and in the search for, and rescue of, the United States
line-of-battle ship u Vermont," disabled in a gale upon the twenty-sixth
of February last, with her crew and freight

461 THIRTY-EIGHTH CONGRESS. Sbss; L Rbs.20, 21; 22; 28, 24 1864

Resolution to Seo* 2. And be it further tesohed, That the Secretary of the Navy
be _communi- be directed, to communicate the foregoing resolution to Commodore Ring*

gold, and through him to the officers and men under his command.
Approved, March 7, 1864

March IT, 1864. [No. 20.] Joint Resolution to authorize the Secretory of ike Treasury to anticipate the Pay-
ment of Interest on the Public Debt, ana for other Purposes,

Be it resolved by the Senate and Some of Representatives of the United
Secreteiy of States of America in Congress assembled. That the Secretary of the
antici^e^ Treasury be authorized to anticipate the payment of interest on the public
interest on the debt, by a period not exceeding one year, from time to time, either with
public debt . or without a rebate of interest upon the coupons, as to him may seem ex*

pedient ; and he is hereby authorized to dispose of any gold in the treas-
ury of the United States cot necessary for die payment of interest of the
Pjft&SLsa. public debt: Provided, That the obligation to create the sinking fund
VoLxU. p, 345. according to the act of February twenty-fifth, eighteen hundred and sixty*
two, shall not be impaired thereby*
Approved, March 17, 1864

March 25, 1864. [No. 21.] A Joint Resolution mOhoriz^

Resohed by the* Senate and Home of Representatives of the United States
ierae^rteamer °f J ^ mer ^ ca & Congress assembled, That the Secretary of the Treasury be,
Mohawk. and is hereby, authorized to issue an American register to the Canadian-

built steamer "Mohawk," now owned by Warren Chapman, George
Parmelee, and Matthias Teetzel, of Saint Joseph, in the State of Michi-
Proviso. gan : Provided, That nothing herein contained shall in anywise affect any
legal proceedings now pending in regard to the stud steamer " Mohawk,"
Approved, March 25, 1864

4

April 19, 1864. [No. 22.] Joint Resolution tendering the Thanks of Qmgress to Admiral Porter.

Be it resolved by the Senate and Mouse of Representatives of the United
Tbanksof States of America in Congress assembled, That the thanks of congress be,
Admiral Porter, and they are hereby, tendered to Admiral David D. Porter, commanding

the ^Mississippi squadron, for the eminent skill, endurance, and gallantry
exhibited by him and his squadron, in cooperation with the army, in
opening the Mississippi River.
Approved, April 19, 1864

*

April 19, 1864. [No.'28.V Joint Resolution authorizing (he Secretary of the Nam to sell at Public Auction
1 Lot Number Thirteen, in the Village of Socket? s Harbor, New York*

4

Be it resohed by the Senate and Bouse of Representatives of the United
Secretary of States of America in Congress assembled, That the Secretary o^ the Navy
i^i^TS^ * be, and he is hereby, authorized and empowered, at his discretion, to sell
eactfon in Sack- at public auction, after proper advertisement, and to convey, by quit-
etfs Harbor, claim or otherwise, lot number thirteen, in the village of Sackett's Harbor,
Hew York. ^ ew y rk, the same not being wanted for use by the United States.

Approved, April 19, 1864

April 19, 1864. * [No. 24.] Joint Resolution relative to the Accounts of the Petty Officers, Seamen, and
others of the Crew of the United States Gunboat " Cincinnati^

Be it resohed by the Senate and House of Representatives of the United
Skates of America in Congress assembled, That the proper accounting
officers of the treasury be, and they are hereby, authorized, in settling the

THIRTY-EIGHTH CONGBESS. Sbss*£ t^,25;^27 } 28> 1864.

405

accounts of the petty officers, seamen, and others of due crew of the Allowance to
United States gunboat « Cincinnati,* to allow each of them alL back payj^^$£f
and a sum, not exceeding fifty dollars, for loss of ctothing and other prop- «ctotiiuiati."
erty, by the sinking of the said vessel in the Mississippi fever, near Vices-
burgh, on the twenty-seventh day of May, eighteen hundred and sixty-
three*

Appbovbd, April 19, 1864. .

[No. 25 J Joint ResoMon directing the Committee on the Conduct of the War to examine April 21, 1864/

wto the recent Attack on Fort Pillow.

*

Be it resolved by the Senate and Borne of Representatives of the United
States of America in Congress assembled, That the joint committee on Commttteean
the conduct of the war be, and they are hereby, instructed to .inquire ^S'Ssmta *
into the truth of the rumored slaughter of the Union troops, after their sur- into the attack
render, at the recent attack of the rebel forces upon Fort Pillow, Tonnes- opo* Fort Pillow,
see ; as also, whether Fort Pillow could have been sufficiently reinforced,
or evacuated, and, if so, why it was not done ; and that they report the
facts to congress as soon as possible*

Appbovbd, April 21, 1864.

|No. 26.] A Resolution relating to the Publication of the Decisions of the Supreme Court April S3, 1864
of the United States fir December Term, eighteen hundred and sixty-three.

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That so much of the act of Timeofpubli-
congress, approved August twenty-sine, eighteen hundred and forty-two, cation of reports
as provides that the reporter of the decisions of the supreme court shall J^J^^ 1 "^
not be paid the compensation provided by the said act unless he print and term. 1863.
publish the decisions within six months after such decisions shall be made, y^ * 1 '^
shall not be held to apply to the decisions of December term, eighteen Ta ***
hundred and sixty-three, the present reporter of the said court not hav-
ing been appointed until near the close of the torn : Provided, however,
That such decisions be published within one year from the passage of this
resolution.

Appbovbd, April 22, 1864.

[No. 97,] Joint Resolution to increase temporarily the Duties on Imports. April 29, 1864*

Resolved by the Senate and House of Representatives of the United 17 ^I ^
States of America in Congress assembled, That until the end of sixty dayB dSo* L-
from the passage of this resolution, My per cent of the rates of duties porta temporarily
and imposts now imposed by law on all goods, wares, merchandise, and p^f 8 ^* 4ft
articles imported, shall be added to the present duties and imposts now #p 1 p *
charged 9a the importation of such articles : Provided, That printing paper Post, pp. 429, 490.
unsized, used for books and newspapers exclusively, shall be exempt from
the operation of this resolution.

Approved, April 29, 1864.

[No. 28.] Joint Resolution^ the Payment of Volunteers called out for not less than One April 29, 1864.

Hundred Days. '

Be it resolved by the Senate and House of Representatives of the United
States of America, in Congress assembled, That the sum of twenty-five ^^^^S.
millions of dollars be, and the same is hereby, appropriated out of any nDtle^^u>0
moneys in the treasury not otherwise appropriated for arming, equipping, days,
clothing, subsisting, transporting, and paying volunteers that may be re-
ceived by the President for any term not less than one hundred days.

Approved, May 6, 1864.

m THIRTY-EIGHTH CONGRESS. Sess-L Res/ 29, 3^ 3L 1664.

May 1ft, 1864, [No. 29.] A Resolution to provide, for the Printing of official Reports of the Operations of
— — — tAe Armies of the Untied States,

Resolved by the Senate and House of Representatives of the United States
Official reports of America in Congress assembled, That the Secretary of War be, and
omeuSud * e k nereDV > directed to famish the superintendent of public printing
States, and docn- with copies of all such correspondence, by telegraph or otherwise, reports
rants nlating to f commanding officers, and documents of every description in relation to
©e printed 40 tQe ousting rebellion, to be found in the archives of his department since

the first day of December, eighteen hundred and sixty, to the present
time, and during the continuance of said rebellion, which may be, in his
opinion, proper to be published, [which} said correspondence, reports, and
documents shall be arranged in their proper chronological order.
Number of Sec 2. And be it further resolved. That the superintendent of public
"gjon Sjjfjf*' printing shall cause to be printed and bound (in addition to the usual

number) ten thousand copies of such correspondence, reports, and docu-
ments, in volumes of not exceeding (as near as may be) eight hundred
octavo pages each, which shall be distributed by the Secretary of the
Senate as follows, to wit : five hundred copies to the War Department ;
one complete copy to each state library of every state in the Union, and
five complete copies to public libraries in each congressional district of
the United States, to be designated by the representatives of the present
congress from such district ; and of the remaining copies three thousand
shall be for the use of members of the present Senate and six thousand
for the use of members of the present House of Representatives*
Complete Sec. S« And be it further resolved, That it shall also be the duty of

Index to be pre- tne Secretary of War to cause a complete index of the matter contained
paret ^ in each volume to be prepared and inserted therein.

Resolutions of Sbc. 4. And be it further resolved, That all resolutions adopted by
present session either house' of congress, at its present session, directing the printing of
SStfMM^d- any of the correspondence, reports, or documents, as above contemplated,
£u g be, and the same are hereby, rescinded.

Appkovbd, May 19, 1864.

May 19, 1864. [No. 80.] A Resokitionjbr the Payment of Expenses incurred by the Joint Committee on
* the Conduct of the War.

Resolved by the Senate and House of Representatives of the United States
Appropriation of America %n Congress assembled, That the sum of twenty thousand dol-
^nt^mroittee 'l ars > or 80 mucn thereof as may be necessary, be, and the same is hereby,
on the conduct of appropriated, to pay tne expenses of the joint committee of congress
the war. appointed to inquire into the conduct and expenditures of the war; and

How to be that said sum shall be drawn from the treasury, upon the order of the
drawn, &c secretary of the Senate, as the same shall be required' from time to time

by the committee having such investigation in charge j and any portion
of the amount hereby appropriated that shall be allowed by the said joint
committee to witnesses attending before it, or to persons employed in its
service, for per diem, travelling, or other necessary expenses, and paid by
the secretary of the Senate in pursuance of the order of that joint com*
mittee, shall be accordingly credited and allowed by the accounting officers
of the Treasury Department
Approved, May 19, 1864

May 20, 1864. [No. 81,] Joint Resolution relative to Pay of Staff* Officers of the Lieutenant-General

Be it resolved by the Senate and House of Representatives of the United
Fay. &e., of States of America in Congress assembled, That the staff officers on the
^Hente^it* staff of the lieutenant-general shall be entitled to receive the same pay,
general. emoluments, and allowances as staff officers of the same grade cn the

TEJBTY-EIGHTH CONGRESS. Sesb. L Res. S2* 3& 1864 . 40?

BtafF of corps commanders, the same to take effect from Hie day of their S 06 ?^ 1 ^

appointment on the staff of the lieutenant-general ' p *
Approved, May 2Q, 1864.

{Now 82.] Joint Resolution prmding fir the Election of a Member of> Congress fir the May 20,186*.

State of Illinois by ike State at large. ♦ — —

Be it resolved by the Smote and Borne of Representatives of the United
States of America in Congress assembled, That in the election of repre- Election of
sentatives to congress from the State of Illinois, the additional representa*
tive allowed to said state by an act entitled " An act fixing the number of fyth e state at
the House of Representatives from and after the third day of March, Uu &&^^*
eighteen hundred and sixty-three," approved March fourth, eighteen hun- yoLauLp.858.
dred and sixty-two, may be elected by the state at large, until the said
state shall be re-districted by the legislature thereof, for the election of the
fourteen members to which said state is now entitled by law.

Approved, May 20, 1864.

[No* 86.] A Resolution to amend the Charter of (he City of Washington* June 1, 18S4.

Resolved by the Senate and Borne of Representatives of ike United
States of America in Congress assembled, That in case any person who Qualified voters,
is a qualified voter in other respects shall offer and claim the right to not registered,
vote at any election held in the city of Washington, whose name is not ^iSInf^**
registered, his name shall be registered by the commissioners of election registered.!
upon the terms and conditions following, namely, he shall take an oath as Terms and
follows : Tou do solemnly swear that you will true answer make to such fSS^ 08 °*
questions as shall be asked you touching your qualifications as an doctor T *# sa Y m
at this poll; So help you God; or an affirmation to the same effect, which
oath or affirmation, if he be unable to understand the English .language,
may be interpreted to him by one of the commissioners, or an interpreter,
sworn by a commissioner, which interpreter shall also interpret his an-
swers to the commissioners. 1^ in his answers on oath, he shall state
positively that he has resided in the city one year next preceding the day
of said election, designating particularly the place of his residence* and
that he possesses the other qualifications of an elector, and if, furthermore,
some qualified elector of the city, not a candidate for any office at that
election, shall take an oath before said commissioners, which any one of
them may administer, that he is well acquainted with such applicant ; that
he is, in fact, a resident in the city, and has been one year next previous
to such election, and that he (qualified elector) has good reason to believe,
and does believe, that all the statements of such applicant are true, the
commissioners shall cause his name to be , registered by their clerk, and
shall then receive the vote of said applicant ; or if said applicant shall
present the affidavit of himself and a qualified elector, duly certified by
any justice of the peace in and for the county of Washington, District of
Columbia, which shall satisfy the commissioners that the applicant has
been a resident of the city one year next preceding the day of such election,
and that he is otherwise a qualified elector, the commissioners may cause
the applicant's name to be registered, as hereinbefore provided, and tbey
shall then receive his vote ; aad if said applicant or such qualified elector False swearing
shall, in said matter, wilfully make any false statement, he shall be 2^*? °* tb
deemed guilty of perjury, and, on conviction, be subject to die pains and P ei 3 ul 7*
penalties thereof*

Approved, June 1, 1864

m t THmTt^EIC^TH C50JTGEESS. Smut &fi8.88,#9>4Ml,42. 1864

Joae 7,3864. fNo. 8&J A Resohiikm to corxpensate the Seniors onMte Chnboat 'r&wnde Kcdb" for*
' of Clothing. *

Resolved by the Senate and House of Representatives of the Untied
, Allowance to States of America in Congress assembled, That the proper accounting offi-
S^raS* of the treasury be, and they ar* hereby, authorized, in settling the

u Baron de accounts of the petty officers, seamen, sailors, and others of the crew of
Kalb-" the United States gunboat « Baron He Kalb," to allow to each a sum not

exceeding fifty dollars as a remuneration for the damage they may have
sustained in 4he loss of their clothing by the destruction of said vessel, to
be paid out of any money -in the treasury not otherwise appropriated.
Apphotbd, June 7, 1864

June 7, 1804. (No* $9.] *j1 5&safo^au*fon^
" enment^f Great Brvmu

4

Mesofae&ity ike Senate and House of Representatives of As United
S^«aon^ijV States of America in Congress cusembkd, . That Surgeon Solomon Sharp,
fhSedStates of the nav 7 of the United States, be, and he_hereby is, authorized. to <ac-
Na^mayacceiJt cept the piece of plate recently presented to him by die government of
Qr^^^! m GrBat Britain as a mark of high appreciation of the unremitting atten-
tion and kindness shown by him to certain officers of the British ship
" Greyhound," while in the naval hospital under his change, at Norfolk,
Virginia.

ApjpboVbd, June 7> 1864

Jane 11, '[No. 40.] <4 tendering ike Thanks of Congress to Toeutencmt-Cohnd Joseph

' ' o/tfc Fourtft Regiment of Wisconsin Volunteers.

Resolved the Senate and House of Representatives of the United
Thanksof States of America in Congress assevMed\ That the thanks of congress be,
SeSt^oL and they are hereby, tendered to Lieutenant-Colonel Joseph Bailey, of
Joseph Bailey, the fourth regiment Wisconsin volunteers, acting" engineer of the nine-
teenth armV corps, for distinguished services in the recent campaign >on
the Bed River, by* which the gunboat flotilla under Bear Admiral 'David
D. Porter was rescued from imminent peril.
OoOTtfra^ - SbO, % And be it further resohed\ That the President of the United
tionto De trans- ggj^ requested to cause a copy of this resolution to be transmitted

to 'Lieutenant-Colonel Bailey.
Afc|te0VED* June 11* 1864

Jane 15, 1864 * [Ho. tl.] Joint Resolution granting certain ' PrwSxg^s io the Ci^ of Des 'Moines, in the
' State of Iowa.

Beit resolved by the Senate and House of Representatives of the Untied
Rights of the States of America in Congress assembled, That the United States hereby
Srtafo SaU^d£ relinquish to the city of Des .Moines, in the State of Iowa, a municipal
relinquished to corporation" established under the laws of said state, all their right and in*
the city of Des terest in the coal-beds underlying the river DeS Moines, within the limits
Moines. of said city: Provided], That no disposition or use thereof shall be made

which shall obstruct the free navigation of said river ; nor shall any one
grant of the privilege of mining the same extend for a longer period
than ten years.
Appbovsp, June 15, 1864 .

June 18, 1864. [No. 42.} AResotoOmtoptomdefatfa

Laws of the Whbbbas the revised code of the District of Columbia, prepared under

^b^tobe^. tne au &ority of congress, entitled "An act to improve the laws of the

vJ*o,£e. District of Columbia, and to codify the same," approved March third,

THIRTT-ET6HTBE CONGBESS. Sbss.1. Res. 48, 45. ' 1864 „pp

*

eighteen hundred and titty-five, and which was published by order of con- l&j&i W*»
gress in the year eighteen hundred and fifty-seven $ and whereas said code- **
is believed to have been a comprehensive, complete, and accurate com-
pilation of the laws of said District at the period of its execution, and that
measures should be taken to have the work brought down to the present
time and perfected : Therefore —

Be it resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the committees on the
District of Columbia of the two houses of congress, respectively, be in-
structed to cause said code to be so revised, amended, and corrected, and Revised code to
also' die laws of congress for said District passed since the compilation t©date! sht down
aforesaid, as shall adapt the same to the present c ndttion of the laws, and
may employ not more than two suitable persons on the preparation of the
work, at a compensation of ten dollars per day for the time employed.
And said code so prepared shall be printed by direction of said committees
in a neat and convenient form for the use of the committees and congress*;
and said committees shall report the same to their respective houses at the
next session of congress for adoption.

Approved, June 18, 1864*'

l$6. 48.] A Resolution explanatory of an Ad entitled "An Act extending the Tim fir ike Jane IS, 1884.
completion of the Marquette and Ontonagon Railroad of the State of Michigan/* 1884, cb. 134*

Resolved by the Senate and House of Representatives of the United States Ante, P> 137.
of America in Congress assembled, That the provisions of the act entitled a^^^w of
" An Act extending the time for the completion of the Marquette and On- the Marquette
tonagon railroad of the State of Michigan," shall be so construed as to ^ °^ on *S aD
extend the time for completing only so much of said road as lies between
Marquette and Ontonagon.

Approved, June 18, 1864.

>[No. 46J Joint Resolution authorizing ike Secretary of the Navy to amend ike Contract Jane 25, 18S4.
unth John Ericsson fir the Construction of two impregnable Floating Batteries, the "Djo*
tator " and the " Puritan."

W^breas the Navy Department on the twenty-eighth day of July, Preamble,
eighteen hundred and sixty-two, entered into contract with Capt. John
Ericsson, of the city of New York, for the construction of two impreg-
nable floating batteries, the " Dictator" and the * Puritan % n and where-
as experience with a similar class of vessels in actual conflict and during
a varied service of more than two years has demonstrated that many im-
provements could be made to render them more complete and efficient as
vessels of war; and whereas these improvements have added largely to
the cost of construction of each of these vessels, rendering it impossible for
the contractor to complete them under existing arrangements ; and where-
as it is of the utmost importance jto the honor and interests of the country
that they should be finished and ready for service at the earliest moment :
Therefore,

. Be it rescued by the Senate and House of Representatives of the United
States of jfanerica in Congress assembled, That the Secretary of the Navy .
be, and he is hereby, authorized to amend the existing contract for the con- joSjarS^^ta
straction of these vessels so far as it relates to the " Puritan," and to regard to the
appoint a competent board .to ascertain the present value, as far as com- 41 m l^? "
pleted, of that vessel, and of the material on hand deemed actually neces- amen '
sary to her construction, and to pay to Capt. John Ericsson, the contractor,
the ^amount of valuation .so ascertained, deducting therefrom any sums
already advanced towards the comph'tion of said vessel-; end that upon
said payment being made by the Secretary of the Navy the rights of the
contractor to said vessel and material, or any portion thereof, shall cease
vol, xni. Pub. — 85

410 TH1KT Y -EIGHTH CONGRESS* Sess. I; Ees. 46, .47* 1864.

and be vested wholly and absolutely in the United States, which shall
thenceforth proceed to complete said vessel* under such arrangements as
may be deemed most advantageous : Provided, however, That nothing
extract forth* herein contained shall in any manner affect the contract for the constrac-
Wicta * or * tion of the " Dictator," which shall be completed by said contractor upon
the same terms and conditions as if this resolution had not been passed :
Provisos. And provided, further, That no action shall be had under this resolution
until said contractor shall have signified to the Secretary of the Navy, in
writing, his acceptance of its provisions and his willingness to superintend
to completion the construction of the u Puritan :" Prowded, further, That
this resolution shall not take effect until the completion and delivery of the
" Dictator : " Provided, also, That it shall be the duty of the Secretary of
the Navy, in carrying this resolution into execution, to apportion and apply
to the- " Dictator," in payment for that vessel, only such portion of the
gross contract price of the two million three hundred thousand dollars
7$2,30O,000) for the w Dictator * and « Puritan" as the w Dictator n would
justly be entitled to If both vessels had been completed at the price and
in the mode* of construction specified in the contract, special reference
being had to the difference of cost between the two vessels arising from
the difference in their construction provided for in the contract
Approved, June 25, 1864

1864, ch. 3 t
Ante) p. 1.

Jane 25 1864. P* * <*^** Resolution amendatory of "An Act to provide fir the Deficiency in the
' Appropriation fir the Pay of Officers and Men actually employed in the Western Depart*

ment, or Department of Missouri/*

Be it resolved by the Senate and House of Representative* of the United
iimoants ad- States of America in Congress assembled, That where any person or per-
vanced certain gons holding any power of attorney or assignment executed subsequent to
soldiers*upon August sixteenth, eighteen hundred and sixty-three, and prior to Janu-
asslgnments, to ary twenty-second, eighteen hundred and sixty-four; for the sum adjudged
be repaid, &c. <j ae to officer or soldier by the commissioners appointed under joint

resolution approved February sixteenth, eighteen hunched and sixty-three,
shall have paid any money to any officer or soldier on the faith of such
Vol. xii. p. 824. power of attorney or assignment, that the paymaster appointed to disburse
the funds appropriated by the act approved January twenty-second, eigh-
teen hundred and sixty-four, to provide for the deficiency in the appro-
priation for the pay of officers and men actually employed in the western
department, or department of Missouri, be, and he is hereby, authorized
"and directed to pay to such person or persons the amount thus' paid to any
officer or soldier, upon such attorney or assignee making and filing an
affidavit to the effect that the amount was actually paid to said officer or
soldier, and upon tfie paymaster being satisfied that the amount was ae-'
tually paid ; and the amount paid such attorney or assignee under this re-
solution shall be .deducted from the amount due said officer or soldier, any-
thing in any* previous action of cjmgress to the contrary notwithstanding.
Appbaved, June 25, 1864

June 25, 1864. [No. 47.] A Resolution fir the Relief of CUrto at the Exttery cmd PhUaddphia Navy
" Yards.

Resolved by the Senate and House of Representatives of the United States
Pay of clerics of America in Congress assembled^ That in the settlement of the accounts
Phu^arfDh^^ °^ fcne littery and Philadelphia navy yards, the proper accounting officers
navy yards. of the treasury be, and they are hereby, authorized to allow such sums as

have already been appropriated by congress for the pay of clerics at said
yards, from October, eighteen hundred and fifty-seven, to July, eighteen
hundred and fifty-nine.
Approved, June 25, 1864*

THIRTY-EIGHTH CONGRESS. Sess. L Res. 49, 50, 51, 58. 1864 411

[No. 49.} J&&< Resolution to continue in />rce tfa Joint Resolution entitled "Joint Resoltt- June 27, 1864.

tfen to tficreue temporarily the Duties on Imports/* approved April twenty-ninth, eighteen — —

hundred and sbcty^ow. »>• ^P-

Be it resohed by the Senate and House of Representatives of the United
States of America in Congress assembled* That the joint resolution in- Increased
creasing the duties on imports, approved . April twenty^ninth, eighteen conS^ Waly
hundred and sixty-four, be, and is hereby, continued in force until the first 1st, 1864.
day of July next.

Approved, June 27, 1864.

[No* 60.] Joint Resolution correcting a clerical Error in the Award of the Emancipation June 28, 1864.

Comtnissioners, "

Be it resohed by the Senate and Mouse of Representatives of ike United
States of America in Cbngress assembled, That the Secretary of the Clerical error
Treasury be, and he is hereby, authorized to correct a clerical error in |j^^? saw f cd
entering the amount of the award of the commissioners under the act of nusaonereoo?-
the sixteenth of April, eighteen hundred and sixty-two, entitled " An rected.
act for the release of certain persons held to service or labor in the Dis- _^ 02 ».5 1> ' 6 ** A
trict of (Jolumbia,* in the case of Nicholas Bowie, claimed by Martha m + m '
Manning*

Approved, June 28, 1864.

pjo. 61.] Joint Resolution to incorporate the Young Men's Christian Association of the June 98, 1884.

City of Washington* v

Be it resohed by the Senate and House of Representatives of the United
Skates of America in Congress assembled, That Benjamin Stinemets, Young Men's
Samuel McElwee, jr., A. I. Stoddart, Samuel Eer Roberts, S. Jordan, Christian Absoci-
Albert Ebeling, Charles H. Norton, George M. Powell, Warren Choate, ^Sito^S-
Nicholas Du Bois, Joseph T. Brown, and Joseph C. Clay ton,, and their corporated.
successors in office, be, and they are hereby, incorporated and made a
body politic and corporate by the name of the Young Men's Christian
Association of the City of Washington, and by that name may sue and
be sued, plead and be impleaded, in any court of law or equity, and may
have and use a common seal, and the same change at pleasure, and have,
use, and exercise the powers, rights, and privileges incident to such cor-
poration.

Sec. 2. And be it further resohed, That the said corporation shall be **ay hoidreal
capable of acquiring, receiving, taking, and holding real and personal ^ate?" 1011
estate, which estate shall never be divided among the members of the
corporation, but shall descend to their successors for the promotion of
religious, moral, educational, and benevolent purposes of said corporation*

Sec. 3. And be it further resohed, That this corporation shall have ^^^on
power to alter and amend its constitution and by-laws : Provided, That and by-laws may
they do not conflict with the laws of the 'United States, or the laws of be amended.
- the corporation of the city of Washington.

SeO. 4* And be it farther resohed, That said corporation shall not Corporation
exercise banking privileges, or issue or put in circulation bank notes, or banMo^privi-
any note, paper, token, scrip, or device to be used as currency. leges, nor issue

Sec. 5* And be it further resohed, That congress reserves the right to C S^S* ^
alter, amend, or repeal this act at any time. amended, &cf

Approved, Jane 28, 1804

(No. 58.] Joint Resolution to authorize the Postmaster-General to extend the Contract vo&h Jane SO, 1864.

the Overland Mail Company* * *

Be it resohed by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Postmaster-General be,

412

THIRTY-EIGHTH CONGRESS. Sess.L Re3. 54, 55 ? 56. 1864

Contract with an d lie is hereby, authorized and empowered, in his discretion, to extend
comply may be tne ma ^ contract number ten thousand seven hundred and seventy-three
extended* with the present contractors, or any other responsible parties, commonly

known as the Overland Mail Company, for, the term of one year from
the first day of July next, upon the same terms and conditions with the
present existing contract, except as to schedule time, which shall not ex*
ceed sixteen days for eight months of the year, and twenty days for the
remaining four months ; and except as to compensation, which shall not
jmJ^^^a *' excee< * the sum of eight hundred and twenty thousand dollars, beyond the
eeed $830,000, ^Q^nx paid for carrying of the printed matter by water.

Approved, June 80, 1864

*

June 30, 1864. [No. 64.] Joint Resolution to provide far the Publication of afitU Army Register.

Be it resolved by the Senate and House of Representatives of the United
States of America in Congress assembled. That the Secretary of War be,
Full anny and' he is hereby, authorized and required in connection with the Army
T^Ushe^U Register for the year eighteen hundred and sixty-four, to cause to be

printed and published a fall roster or roll of all field, line, and staff
officers of volunteers who have been in the army of the United States
since the beginning of the present rebellion, showing whether they are
yet in the service, or have been discharged therefrom, and giving casualties
and other explanations proper for such register* And to defray in whole
.Numberof wp- r in part the the expenses of this publication an edition of fifty thousand
ies to be printed. €0 ^ eQ f 8UCn enlarged register shall be published and maybe sold to

officers, soldiers, or citizens, at a price which shall not more than cover
the actual cost of paper, printing, and binding, and shall not in any case
exceed one dollar per volume.
Approved, June 80, 1864

Jane 80, 1864. [No. 66J Joint Resolution axdhoriziny ike Secretary of the Treasury to release certain
""' Parties from Liabilities or Payment of Duties and Penalties therein mentioned*

Be it resolved by the Senate and House of Representatives of the United
The "Irish ^ States of America in Congress assembled. That the Secretary of the
d^bargedft^m Treasury be, and he is hereby, authorized to release and discharge
liability for sell* the a Irish National Fair," recently held at Chicago, of and from all
jng,&c., without liability heretofore incurred for, or on account of, having sold goods and
06086 or lottery tickets without license or stamps, and of and from the payment
of all license fees, stamp duties, or penalties incurred by reason of the
sales aforesaid.
Approved, June SO, 1864

June 30, 1864. [No. 68.] Joint Resolution authorizing the Secretary of the Interiorto reclaim and preserve
certain Property of the United States*

Be it resolved by the Senate and House of Representatives of the United
Improper States of America in Congress assembled, That the Secretary of the In*
appropriation of terior be, and is hereby, authorized and directed to prevent die improper
Washington be- appropriation or occupation of any of the public streets, avenues, squares,
longing to the or reservations in the city of Washington belonging to the United States,
UntWstates, to an( j t0 reclaim the same if unlawfully appropriated ; and particularly to
p prevent the erection of any permanent building upon any property re-

served to or for the use of the United States, unless plainly authorized
by act of congress, and to report to the congress at the commencement
of its next session, his proceedings in the premises, together with a full
statement of all such property, and how, and by what authority, the same
is occupied or claimed* Nothing herein contained shall be construed to
interfere with the temporary and proper occupation of any portion of

THIRTY-EIGHTH CONGRESS. Sess. L Res. 57, 59. 1864. 413

such property, by lawful authority, for the legitimate purposes of the
United States.
Approved, June 80, 1864

[No. 57.] Joint Resolution for ike Relief of the Officers of the Fourth and Fifth Indian June 30, 1884.

Jtegiments, **

* Be it resolved ly the Senate and House of Representatives of the United
States of America in Congress assembled, That the proper accounting claims of
officers of the treasury are hereby directed to adjudicate and. settle the officers of certain
claims of those officers of the fourth and fifth Indian regiments who were £"J??° 1 £^ <Hlta
commissioned by the War Department, and accepted their appointments, ******
for such time as they, or either of them, were actually performing duty
other than that of recruiting for said regiments, and to pay such claims
out of any moneys in the treasury not otherwise appropriated : Provided, Proviso.
however, That no compensation shall be allowed beyond the pay and
emoluments incident to the respective rank of the several officers ; nor
shall any claim be considered or allowed except accompanied by the
official certificates or orders of the commanding officer of the regular or
volunteer officers of the IT. S. army assigning them to such duty.

Approved, June 80, 1864.

[No* 59.] A Resolution for the Belief of the State of Wisconsin, July 1, 1861.

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the c! ^^^hthe
Department of the Interior shall, in adjusting the amount due the State proceeds of sales
of Wisconsin, under existing laws, as five per centum of the net proceeds of ^ nd _i^ te ^.
of sales of the public lands within her limits, estimate and charge against ^ star
her the value of the one hundred and twenty-five thousand four hundred canal;
and thirty-one and' eighty-two one-hundredths acres of land granted to the
Territory of Wisconsin, to aid 'in the construction of the Milwaukie and
Rock River Canal which have been sold by said territory or said state, at
one dollar and twenty-five cents per acre, and as much more #s the terri-
tory and state received upon the same upon sales pf any part thereof at a
higher price, and shall credit said state with the amount that has been ^Jj^
legally and properly applied by said state or territory towards the cost w
of selling stud land and towards the construction of said canal. And the
said secretary shall also settle and allow to the Milwaukie and Rock Allowance to
River Canal Company such sums o¥ money as have been properly ex-^® 6 * 11 * 1001 **
pended by said company in the survey and location of said c^ in *e *™
construction thereof, as for as the same has i: 4>een constructed, together,
with dams, locks, and slack-water navigation, and in the' management and
keeping the same in repair ; and the same shall be paid to the said canal
company oat nf any money in the treasury not otherwise appropriated, not
exceeding in amount, however, the balance charged against the State of
Wisconsin upon the sales of said canal lands, as above required, after
deducting the sum allowed said state for money paid by her out of the
same tod. The same to be received by said canal company in full pay-
ment and satisfaction of all claims of said company against the State of
Wisconsin and of the United States on account of said canal land grant,
or on account of any action of the Territory or State of Wisconsin, or of
the United States, in relation thereto.

Sec. 2. And be U further resolved, * Thtft the commissioner of the ^^won*.
general land-office be, and" he is hereby, appointed commissioner to adjust ofgeneral land-
the accounts herein provided for, under the supervision of the Secretary office to adjust
of the Interior, and* to determine what sum shall be charged to.said.State the account*
of Wisconsin for .the lands granted for the construction of sa^d canal ;
and what sums shall be credited, respectively^ to said state and said com-

85*

414 THIRTY-EIGHTH CONGRESS. Sxss.L Res. 60, 61, 62. 1864

«

pany for the moneys expended by them in the construction of said locks
and canal as herein provided.
Approved, July 1, 1864

J% 1,1864. [No. 60.1 A Resolution explanatory of the Tenth Section of "An Act to reduce the Ex*
1862 ch 86 4 10 Survey and Sale of the Public Lands in the United States, approved, May

Resolved by the Senate and Borne of Representatives of the United
States of America in Congress assembled, That the tenth section of an
act entitled "An act to reduce the expenses of the survey and sale of the
public lands in the United States," approved the thirtieth day of May,
pens £of surveys eighteen hundred and sixty-two, providing for the deposit of money In a
of public lands, proper United States depository to pay for the survey of public lands,

shall be construed to be an appropriation of the sums so deposited for the
objects contemplated in the said tenth section, and the Secretary of the
Treasury is authorized to cause the sums deposited under the said section
to be placed to the credit of the proper appropriations for the surveying
service: Provided, That any excesses in the 'sums so deposited, over and
above the actual cost of the surveys, comprising all expenses incident
thereto, for which they were severally deposited, shall be repaid to } the
depositors respectively.
Approved, July 1, 1864.

*

July i, 2864. [No. 61.] A Resolution to authorise the Acquisition of certain Land for (he Use of the Gov*
— eminent Hospital for the Insane*

Resolved by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That the Secretary of the Inte-
Landtobe rior is hereby authorized to deed to John Perkins a portion of the ex-
deeded to John treme south point or angle of the farm of the government hospital for the
changed lands fos&ne, * n exchange for two acres of land, more or less, now owned and
ofhis fertile occupied by the said Perkins, and situated near the middle of that side
hospital for the f tne hospital farm which fronts upon the public roads : Provided, That
Provisos. not more than three acres is given for one contained in the last-described
piece of land belonging to the said Perkins : And provided; farther. That
the said Perkins is able to give, and does give, to the United States a good
and sufficient tide to the piece of land now owned and occupied by him.
[Sso. 2«] And be it further resolved, That the Secretary of the Inte-
t)e ^^ a ™ ) ^ ed nor is further authorized to defray the expense of moving the dwelling-
for. house on the present Perkins 9 tract to the tract exchanged for it, and of

digging and walling a well, out of any appropriation already made, or that
may be made, for inclosing the grounds of the hospital
Approved, July 1, 1864

July 1, 1864. [Nor 62.] A Resolution regulating Me Investment of the Naval-Pension Fund,

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the Navy,
Moneys belong* 98 trustee of the naval pension fund, be, and he is hereby, authorized and
ing to the naval directed to cause to be invested in the registered securities of the United
h tokh States, on the first day of January and the first day of July of each year,
vested. * so much of the said fund then in the treasury of the United States as may

not be required for the payment of naval pensions for the then current fiscal
year ; and upon the requisition of the said secretary, so much of the said
fund as may not be required for such payment of pensions accruing dur*
ing the current fiscal year, shall be held in the treasury on the days afore-
said in each year, subject to his order for the purpose of such immediate
investment ; and the interest payable in cob upon the said securities in

THIRTY-EIGHTH CONGRESS. Sess. 1 68, 66. 1864

Which the said fbnd stall be invested, shall be so paid, when due, to the
order of . the Secretary of the Navy, and he is hWby authorized, and
directed to exchange the amount of such interest when paid in coin, for
so much of the legal currency of die United States as may be obtained
therefor at the current rates of premium on gold* and to deposit the said
interest so converted in the treasury to the credit of the said naval pen-
sion 'fimd $ Provided, That nothing herein contained shall be construed to
interfere with the payment of naval pensions under the super vision of the
Secretary of the Interior, as now regulated by law*
Approved, July 1, 1864

[No. 6S«] x Joint Resolution to grant additional Rooms to the Agricultural Department. July 1, 1884.

Whereas the space assigned to the department of agriculture in the :
patent-office building, included between the central crypt and the west
wing in the first story on the south front, is entirely inadequate to the preamble,
necessities of the department, two of the rooms within these limits being
used as furnace-rooms for the patent-office, one as a chemical laboratory,
and another having recently been taken for tbe use of the land-office, [Repeal©*, ^*/e t
leaving but five rooms, with one small storeroom, for the business of the P*
department : and whereas, additional rooms are indispensably necessary
for the convenience of. the commissioner, for the accommodation of clerks
engaged in the collection and compilation of statistics, and in other official
duties ; for the better accommodation of the operations of the chemist in
making agricultural tests, analyses, and experiments, and for the arrange-
ment and exhibition of pomological, entomological, and agricultural spec-
imens, models, and paintings : Therefore, .

Be it resolved by the Senate and House of Representatives of the United Ad£t!oBal
States of America in Congress assembled, That, in addition to the roonfe rooms for the
now occupied by die department of agriculture, there shall be, and hereby agricultural de-
is, assigned to the said department the suite of rooms upon the first floor * Murtment "
included between the southwest corner and the western entrance of the
patent-office building.
, Approved, July 1, 1864r

[Nb. 66J A Resolution requesting the President to appoint a Day fir National JSttowKa- July 2, 1864.

Hon and Prajfsr*

Resolved by the Senate and JSbttse of Representatives of the United States
of America in Congress assembled, That the 4 President of the United States jJ^^J^^
* be requested to appoint a day for humiliation and prayer by the people of appoint a day ft*
the United States ; that he request his constitutional advisers at the head festing, &c
of the executive departments to unjte with him as the chief magistrate of
the nation, at the city of Washington, and the members, of congress, and
all magistrates, all civil, military, and naval officers, all soldiers, sailors,
and marines, with all loyal and law-abiding people, to convene at their .
usual plaoes of worship, or wherever they may be, to confess' and to
repent of their manifold sins ; to implore the compassion and rorgivfcriess
of the Almighty, that, if consistent with His will, the existing rebellion
may be speedily suppressed, and tbe supremacy of the constitution .and
laws of the United States may be established throughout all Hie slates ;
to implore Him, as the Supreme Ruler of the world, not to destroy us as
a people, nor suffer us to be destroyed by the hostility or connivance of
other nations, dr by obstinate adhesion to our own counsels, which may
be in conflict with His eternal purposes, and to* implore Him to*enHghten
the mind of the nation to know and do .His Will; numoly believing that
H is in accordance with lEQs will that our -place should be maintained as a
united people among the family of nations ; to implore Him to grant to

416 THIRTY-SJGHTH CONGRESS- Sees. 1 Bbs. 67. 68, 75, 76. 1864

our armed defenders and the masses of the people that courage, power of
resistance, and endurance necessary to secure that result ; to implore Him
in Hts infinite goodness to soften the hearts, enlighten the minds, and
quicken the consciences of those in* rebellion, that they may lay down
weir arms, and speedily return to their allegiance to the United States,
that they may not be utterly destroyed, that the effusion of blood may be K
stayed, and that unity and fraternity may be restored) and peace estab-
lished .throughout all our borders.
Appbovbd, July 2, 1864.

July 3,1884. Jon* Resolution in Relation to the Professors of the Military Academy at West

Point. .

Resolved by ike Senate and Bouse of Representatives of the United States
Protestors ot <f ^meriea in Congress assembled. That the thlrty-'first section of the act,
the mffitaiy entitled "An act for enrolling and calling out the national forces, and for

absent, &c. or tlje eleventh Section of "An act to increase the pay of soldiers in the
186$, e\ 75, §31. United States army, and for other purposes," approved June twentieth,
wfafa ut ^k*^ hundred and sixty-four, shall not be construed to abridge the
§ iif? 9 privileges usually allowed to the professors of the military academy, of

darfal S *• ^ iltM ^mim^ ^

that institution.

1 Appbovbd, July 2, 1864.

July 2^ 1884, pfo. 68,] A Resolution explanatory of an Act entitled " An Act to increase the Pay of
iflfti.<A.i4it 4l> Soldiers inthe United States Army, and fir other Purposes," approved, June twentieth,
Jj^pTl&U $9™*** hundred and sixty four.

Resohed by ike Senate and Home of Representatives of the United States
fikSw^ otSSto °/ J ^ mer * c & Congress assembled, That the word " musicians " in the

u*st sectibn of an act entitled « An act to increase the pay of soldiers in
* the United States amy, and for other purposes," applied Jime i,we£,

tieth, eighteen hundred and sixty-four, is not to be construed to include
musicians, (other than leaders,) employed as members of brigade and
regimental bauds ; but such members of bands shall be paid as heretofore,
one fourth of the members of each band thirty*four dollars per month*
one fourth of them twenty dollars per month, and the remaining half of
them seventeen dollar* per month.
. Appro VBPy July 2,1864

Jnfr*; Itflb^ ■>. [$or1&] A Resohtiim to increase the <^
s *R&otvWty the Senate and Hotmjrf Representatives of the United State?

taf^tro^to^be °f^ meriea * n Congress assembled, Ijhat from and after the first day
increased. July, eighteen hundred and sixty-four, hospital matrons shall be entided

to and shall receive ten dollars per month and one ration.
Approtop, July 4» 1864

July 4 t 18S4. Joint Reschtimjbrd^ Relief Sufferers fa a late Accident at the U.S.
£ Arsenal in Washington, D. Oi

'Appropriate* > Whereas nearly thirty persons, mostly females, were terribly injured; '
for the relief of nineteen of them fatally,' by an explosion in the cartridge factory at the
Sewdtotll Doited States arsenal in Washington, D. CI, on the seventeenth day of
'the Washington June, eighteen hundred and sixty-four ; and whereas alt of the wounded are,
i** 11 *** poor, and dependent upon daily labor for bread, who by this calamity

have been deprived of the power,to earn their livings and are without the

THIRTY-EIGHTH CONGRESS. Sebs. L Res. 77, 78. 1864. . jXt

means to procure the* care and comforts necessary to their recovery;
Therefore,

Be it resolved by the Senate and Bouse of Representatives of the United
States of America in Congress . assembled, That die sum o? two thousand
dollars be, and the same is hereby, appropriated out of any money in the
treasury not otherwise appropriated, for the relief of the victims of such,
explosion, — said money to be distributed under the direction of Major
Ronton, commanding at said arsenal, and in such manner as shall most
conduce to the comfort and relief of said sufferers, according to their
necessities respectively, and that he report to this house.

Approved, July 4, 1864

[No. 77.] Joint Resolution imposing a special Income Duty* July 4, 1864.

Be it resolved by the Senate and Mouse of Representatives of ike United
States of America in Congress assembled, That, in addition to the income Ad ^^ r ^
duty already imposed by law* there shall be levied, assesseji, and collected ^^SsSsgJ^
on the first day of October, eighteen hundred and sixty-four, a special in-.
come duty upon the gains, profits, or income for the year ending the
thirty-first day of December next preceding the time herein named, by
levying, assessing, and collecting said duty of all persons residing* within
the United States, or of citizens of the United States residing abroad, at
the rate of five per centum on all sums exceeding six hundred dollars,'
and the same shall be levied, assessed, estimated, and collected, excepi as When to be '
to the rate, according to the provisions of existing laws for the collec- collected.
tion of an income duty, annually, where not inapplicable hereto ; and the
Secretary of the Treasury is hereby authorised* to make such rules and.
regulations as to time and mode, or other matters, to enforce the collec-
tion of the special income duty herein provided for, as may l>e necessary ;.
.Provided) That in estimating the annual gains, profits, or income, as afore-
said, for the foregoing special income duty, no deductions shall be made
for dividends or interest received from any association, corporation,* or
company, nor shall any deduction be made for any salary or pay received*

Approved, July 4, 1864

Be it resohed by the Senate and Souse of Representatives of the United™"*****
States of America in Congress assembled, That the joint resolution rela-
tive to pay of staff officers of the lieutenant-general, approved May JSmStSS
twenty, eighteen hundred and sixty-four, shall be so construed as to lieutenant- "
entitle all the staff officers on the staff of the lieutenant-general to general,
receive the pay, emoluments, and allowances of cavalry officers of the
same grade*

Approved, July 4» 1864

, v

J

it: *

n

* *

* +

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t *

- 0\4 ' t

i

*. » %.

PUBLIC ACTS OF THE THIRTY-EIGHTH •CONGRESS -

OF THB

UNITED STATES.

Passed at the second session, which was beam and holden at ike City of
Washington, in the District of Columbia, on Monday, the fifth day of
December, A. D. 1864, and ended Saturday, the fowrth day of March,
A. D. 1865*

Abraham Lincoln, President Hannibal Hamlin,. Vice-President,
and President of the Senate. Daniel Clark was elected President
of the Senate, pro tempore, on the ninth day of February, and so acted
until and including the nineteenth day of that month* Sohutler
Colfax, Speaker of the House of Representatives.

Chap. I.— An Act in Addition to the "Act respecting Quarantines and Health Laws** Dec 15, 1864.

better Jbzecutwn of the intra section thereof* Vol* L p. 619*

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the Warehouses to
Treasury be, and he is hereby, authorized to purchase or erect suitable ^e^Yorkfor
warehouses and other conveniences for the storage of goods and merchan- storage of lm-
dise imported in any vessel subject to quarantine or other restraint, pur- portsln vessels
suant to the health laws of the State of New York, at such convenient ^SS! *° quw>
place or places within or near the port of New York as the safety of the
public revenue and the observance of such health laws may require $ and the.
sum of twenty thousand dollars is hereby appropriated, oat of any money Appropriation,
in the treasury not otherwise appropriated, to defray die* expense thereo£

Approved, December 15, 1864

Chap. XL — An Act authorizing the Holding of a special Session of the United States Dec. 20. 1864.

District Court for the D&trfa of Indiana. ■ 8

Be it enacted by the Senate and House of Representatives of the. United
States of America in Congress assembled, That a special session of the Special session
United States district court for the district of Indiana shall be holden at gj f^trU* 00,111
the usual place of holding said court on the first Tuesday in January, i&Indiaiia *
eighteen hundred and sixty-five.

Sec. 2. And be it further enacted, That all suits and proceedings of a Pending,
civil or criminal nature, now pending in or returnable to said court, shall P™ 0888 "
be proceeded in, heard, tried, and determined by said court, at said special
session,.in the same manner as at a regular term of said court, and the judge jurors,
thereof is hereby empowered to order the empanelling of a petit and grand
jury for said session.

Approved, December 20, 1864.

CbapTUX — An Act to authorize the Pm&uu or Construction of Revenue Cutters on the Dee. 20, 1864.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the Six steam r*v*
Treasury is authorized to construct, or purchase and alter, not exceeding J? U jA atter8 £ r
six steam revenue cutters, for service on the Lakes ; and for that purpose j£e4. ^
the sum of one million of dollars, or so much thereof as is necessary, is Appropriation,
hereby appropriated, out of any money in the treasury not otherwise
appropriated.

Approved, December 20, 1864.

420 THIRTY-EIGHTH CONGRESS* Sess. IL Cb* $ S, 9, 11. 186&

Dec 21, 1864. Chap. VL~An Act to establish the Grade of Vtce-Admiral in the United State* Navy.

Be it enacted by the Senate and Home of Representatives of the United
Grade of vice- States of America in Congress assembled. That the* President of the
atafol estab- United States be, and he is hereby, authorised and empowered, by and

with the advice and consent of the Senate, to appoint one vice^dmiral, who
shall be selected from the list of active rear-admirals, and who shall be the
Appointment, ranking officer in the navy of the United States, .and whose relative rank
wnkt&c with officers of the army shall be that of lieutenant-general in the army*
ft^, 3bo» 2. And be it further enacted^ That the pay of the vice-admiral

of the navy shall be seven thousand dollars when at sea, six thousand
dollars when on shore duty, and five thousand dollars when waiting orders*
Provision of Sec* 8. And be it farther enacted, That the first section of an act, ap-
ani^h^tfe*^ P^ed December twenty-first, eighteen hundred and sixty-one, entitled
**!oL Ti *i "An act further to promote the efficiency of the navy," shall not be so
vEA^i* construed as to apply to any one holding a commission as vice^dmiral
in the navy.
Approved, December 21, 1864

Dec* 22, 1864 Chap. "VIl£ — An Act to amend the Aet entitled "An Act to provide internal Revenue to
1884. ch. 178. support the Government, to pay Interest on the, public Debt, and fir other Purposes,"
§55; approved June thirtieth, eighteen hundred and sixtyfowr.

Ante, p. MS. ife if enacted by the Senate and Bouse of Representatives of the United
"January" States of America in Congress assembfed, That section fifty-five of an act
"F^raarr"°L ^^^M act 40 provide internal revenue to support the government,
Beo^nfSy'&xe* to pay interest on the public debt, and for other purpose^* approved June

thirtieth, eighteen hundred and sixty-four, be amended by striking out the
.word " February" wherever it occurs in said section, and inserting, in lieu
thereof the word January.
Approved, December 22, 1864

* _ ♦

Pec 32, 1864. Chap. IX. — • An Act to extend the Time allowed fir the Withdrawal of certain Goods
' — ' therein named from pernio Stores.

Be it enacted by the Senate and House of Representatives of ike United
Time for with- States of America in Congress assemUed% That in computing the three
TOodff^mwaS? Years avowed by the twenty-first section of the act entitled "An act
feetoraex- increasing temporarily the duties on imports, and for other purposes,"
tended. approved July fourteenth, eighteen hundred and sixty-two, for the with-

1883, ch* 168, 'drawal of goods from any public store or bonded warehouse for exportation
VoL xfi.p.559. to foreign countries, or transshipment to any port of the Pacific or western
' coast of the United States, if such exportation or transshipment of any
goods shall, either for the whole or any part of the said term of three

?ears have been prevented by reason of any order of the President of the
Tufted States, the time during which such exportation or transshipment x>f
such goods shall have been so prevented, as aforesaid, shall be excluded from
the said computation.
Approved, December 22, 1864

Jan. 10, 1865. Chap* XL— An Act to repeal the Provision of Lew requiting v^inRe^
sonian Institution to be Members of the National Institute. '

Be it enacted by the Senate and House of Representatives of the United
Two regents States of America in Congress assembled, That so much of the act " To
ofgmigtwnian establish the Smithsonian Institution, for the increase and diffusion of

Iiunat&uCfn need « « « »• • * . « .« . /• _ • _ ♦

UDu WO JHWUiUWO ' T — ~ ID " ■ J3 — O

of National In- tution shall be jmembersof the National Institute in the city
<rtitato * ton, be, and the same is hereby, repealed*

AppROvgp, January 10, 1$65»

THIBTY-BI0&TH CONGRESS. Sras. XL Cb. 12, 18, 16. 1865. 421

• *

Chap. XII. — An Act making Appwpriatums fir the Payment of *invq!id and other Pen- Jan. 11, 1865.

sionsoftfo United States for the Tear ending the thirtieth of June, eighteen hmdred and

sixty-six,

Beit enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That the following sums be, Pensions &p-
and the same .are hereby, appropriated, out of any money in the treasury pwpriation.
not- otherwise appropriated, for the payment of pensions for the year end**
ing the thirtieth of June, eighteen hundred and sixty-six : —

For invalid pensions under various acts, four million dollars, Invatfd.

For revolutionary pensions, per acts of March eighteenth, eighteen Revolutionary,
hundred and eighteen ; May fifteenth, eighteen hundred and twenty-eight ; 1|18, clu 19.
June seventh, eighteen hundred and thirty-two j third section of act of 3; ^
July seventh, eighteen hundred and thirty-eight; Marcb third, eighteen isss, ch. 18».'
hundred and forty-three ; June seventeenth, eighteen hundred and forty* i|gi c |j*
four ; February second and July twenty-ninth, eighteen hundred and forty- iftg, ch.*8. 120.
eight ; and second section [of] act of February third, eighteen hundred and 1853| ch. 41.
fifty-thrfie, two hundred and thirty thousand dollars*

For pensions to widows, mothers, children, and sisters, under the first sec* Widows, edi-
tion of the act of fourth July, eighteen hundred and thirty-six ; act of July dr ^L &c :
twenty first, eighteen hundred and forty-eight ; first section of the aet of ifS'^10?!
February third, eighteen hundred and fifty-three ; June third, eighteen i853»ch. 41.
hundred and fifty-eight ; and July fourteenth! eighteen hundred and sixty- J85S, <**
two, seven million dollars. im > clL •

SfcO. 2. And be it further -enacted) That the following sums be, and the Deficiency ap-
•same are. hereby, appropriated to supply deficiencies in the appropriations WWte®®**
for the present fiscal year : for the payment of pensions under the acts of
March eighteenth, eighteen hundred and eighteen $ May fifteenth, eigh-
teen hundred and twenty-eight; June seventh, eighteen hundred and thirty-
two ; third section of act of July fourth, eighteen hundred and thirty-six ;
July seventh, eighteen hundred and thirty-eight ; January [June] seven-
teenth, eighteen hundred and forty-four ; March third, eighteen .hundred
and forty-three; February seeoM and July twenty-ninth, eighteen hundred
and forty-eight; and second section of act of February third, eighteen
hundred -and fifty-three, sixty-five thousand dollars.

For the payment of pensions under the first section of~ the act of July
fourth, eighteen hundred and thirty-eix; act of Jury twenty-first, eighteen
hundred and forty-eight ; first section or the act of February third, eigh-
teen hundred and fifty-three ; June third, 4 eighteen hundred and fifty-eight;
and July fourteenth, eighteen hundred and sixty-two, three million five
hundred thousand dollars,
. Approved, January 11, 1865.

■ .

Chap. XIIL b~An Act to amend an Act entkted u An Aid fir the Punishment of Crimes Jan* 18, 18S5.
in the District of CotaWa," approved March, second, eighteen hundred and thirty-one. , ^33^ dU ff & 2;

Be it enacted by the Senate and Bouse 1 of Representatives of the' United Vol. iv. p!u&
States of America 4 in Congress assembled, That the second section of an p ^J ll ^. ent °*
act entitled "An act for the punishment of crimes in ijae District of ^hf&eBfi-
Columbia," approved March second, eighteen hundred and thirty-one* be, trict of Columbia,
and the same is hereby, amended so as to read as follows: That every
person duly convicted of manslaughter, or of any assault with intent to
kill, shall be sentenced to softer imprisonment and labor, ^or The first
offence, for a period not less than two nor more than eight years, for the
second offence, for a period not less than six nor more*than fifteen years*

Appkovbd, January 18, 1865.

Chap. XYl.-~An Jot to amend an Aet entitled "An Act to provide fir carrying the Jan. 90, 1865*
Maikfrom the United States to Foreign Ports, and fir other Purposes," approved March mdL40 —
twenkf'Jiflh, eighteen hundred and sixtyfbur. § 9

Be it enacted by the Senate arid Bouse of Representatives of the United Ante, p.
States of America in Congress assembled, That the fourth section of an
vol. xm. Pro. —86

*

422 TH3BTY-EIGHTH OONGBESS. Suss. II. Ch. 18. 1866.

*

Postage on act entitled "An act to provide for carrying the maOs from the United
tw* "flknw 6 " States *° foreign ports, and for other purposes," approved March twenty-
and 8 Callfomia. fifth, eighteen hundred and sixty-four, be so amended as to insert in the

proviso in said section, after the word * newspapers," the words " periodi-
cals, magazines, and exchanges," so that it will read : Provided, That this
section shall not be held to extend to the transmission by mail of news-
papers, periodicals, magazines, and exchanges, from a mown office of
publication, to bona fide subscribers, not exceeding one copy to each sub-
scriber from any one office* '
Approved, January 20, 1865.

Jan. 24 , 1865* Chap. XVIII* — An Act making Appropriation* fir the Cawdor and Diplomatic Ex-
— • pens&vf the Govermaent fir the Year ending thirtieth June t *

aw?.

Be it enacted by the Senate and Home of Representatives of the Untied
_ CoBrafe* and States of America in Cbftgress assembled, That the following sums be, and
pivwSmf 1 ^ t" 6 sanie are hereby, appropriated, out of any money in the treasury

not otherwise appropriated, for the objects hereafter expressed, for the fis-
cal year ending the thirtieth of June, eighteen hundred and sixty-she,
namely : —

Envoys minis- * For salaries of envoys extraordhary, ministers, and commissioners of
tenhan&cam- the United States at Great Britain, France, Russia, Prussia, Spain,'
ners * Austria, Brazil, Republic of Mexico, China., Italy, Chili, Peru, Portugal,
Switzerland, Rome, Belgium, Holland, Denmark, Sweden, Turkey, New
Granada, Bolivia, Ecuador, Venezuela, Guatemala, Nicaragua, Sandwich
Islands, Costa Rica, Honduras, Argentine Confederation, Paraguay, Japan,
and Salvador, three hundred and eight thousand five hundred dollars*
Secretaries of For salaries of secretaries of legation, thirty thousand dollars*
l^^niaid For salaries of assistant secretaries of legation at London and Paris,
ass ^ an three thousand dollars.

Interpreter*. For salary of the interpreter to the legation' to China, five thousand
dollars.

For salary of the secretary of legation to Turkey, acting as interpreter,,
three thousand dollars.

For salary of die interpreter to the legation to Japan, two thousand
five hundred dollars.

Contingent**:- For contingent expenses of all the missions abroad, sixty thousand
P 6 "** dollars.

For contingent expenses of foreign intercourse, eighty thousand dollars*
Bajbaiy Pow- * For expenses of intercourse with the Barbary Powers, three thousand
***** , dollars.

Consulates in For expenses* of the consulates in the Turkish dominions, namely ; in*
Torkfeh domin- terpreters, guards; and other expenses of the consulates at Constantinople,

Smyrna, Candia, • Alexandria, and Beirut, two thousand five hundred
dollars.

American sea* For the relief and protection of American seamen in foreign countries,
mexu * two hundred thousand dollars. *

Bescuhig sea- For expenses which may be incurred ,in acknowledging the services of
men - the masters and crews of foreign vessels in rescuing citizens of the United

States from shipwreck, seven thousand dollars*
Blank-books, For the- purchase of blank-books, stationery, bookcases, arms 'of the
stationery, &c United States, seals* presses, and flags^and for the payment of postages

and miscellaneous expenses of the consuls of the* United States, induct-
ing loss by exchange, fifty-five thousand dollars.
Office rent. For office rent for those' consul8*generaJ» consuls, and commercial, agents
who are not allowed to trade, including loss by exchange thereon, fifty
thousand dollars*

ConsnU-gen- For salaries of consuls-general, consuls, commeicial agents, anti thirteen
eral, consuls, &c ^og^ .clerks, namely : —

"Thirty-eighth congress, sess. n. Ch. is. isbs. 428

L CONSULATES GENERAL.

SCHEDULE B*

Alexandria, Calcutta, Constantinople, Erankfiirb^D^eJ^iiy Havana,
Montreal, Shanghai

m. CONSULATES.

SCHEDULE B#

Acapulco, Aix-la-ChapeHe, Alters, Amoy, Amsterdam, Antwerp,
Aspinwall, Aux Oayes, Bahia, Barcelona, Bankok, Basle, Belfast,
Beirut, Bergen, Bermuda, Bilbao, [Bilboa,] Buenos Ayres, Bordeaux, Bre-
men, Bristol, Brindisi, Boulogne, Cadiz, CaUao, Candia, Canton, Cardiff, Chin
Kiang, Clifton, CoeHcook, Cork, Curacoa, Demarara, Dundee, Elsinore,
Erie, Foo Choo, Fanchal, Galatz, Gaspe Basin, Geneva, Genoa, Gibraltar,
Glasgow, Goderich, Gottenberg, Guaymas, Halifax, Hamburg, Havre;
Honolulu, Hong-Kong, Jerusalem, Kanagawa, Kingston, Kingston in
Canada, I& Roche Jle, Laguayra, Lahaina, La Paz, La Union, Leeds,
Leghorn, Leipsic, Lisbon, Liverpool, London, Lyons, Macao, Malaga,
Malta, Manchester, Manzanillo, Maracaibo, Matanzas> Marseilles', Mauri-
tius, Melbourne, Messina, Moscow, Munich, Nagasaki, Nantes, Naples,
Nassau, (West Indies,) Newcastle, Nice, Odessa, Oporto, Palermo, Pan-
ama, Para maribo! Paris, Pernambtfco, Pictou, Ponce, Port Mahon, Pres-
cott, Prince Edward Island, Quebec, Revel, Bio de Janeiro, Rotterdam,
San Juan del Sur, San Juan, (Porto Rico,) Santander, Santiago de Cuba,
Santos, Port Sarnia, Scio, Singapore, Smyrna, Southampton, Stockholm,
Saint John, (Newfoundland,) Saint John, (New Brunswick,) Saint Peters-
burg, Saint Pierre, (Martinique^) Saint Thomas, Stuttgardt, Swatow,
Saint Helena) Tabasco, Tampico, Tangier, Tehuantepec, Toronto, Trieste,
Trinidad de Cuba, Trinidad, Tripoli, Tunis, Turk's Island, Valparaiso,
Valencia, Venice, Vera Cruz, Vienna, 'Windsor, Zurich*

IV* COMMERCIAL' AGENCIES. Commercial

agents*

SCHEDULE B»

Amoor River, 'Antigua, Balize, (Honduras,) Gaboon, Madagascar, San
Juan del Norte, Saint Domingo, Saint Mare.

V. • CONSULATES. Consuls

8CHEDTTLE O.

Barbadoes, Batavia, Bay of Islands, Gape Haytien, Capetown, Gar-
th«gena, Ceylon, Cobija, Cyprus, Falkland Islands, Fayal, Guyaquil,
' Lanthala, Maranham, Matampras, Mexico, Montevideo, Omos, Payta,
Paso del Norte* Piraeus, Rio Grande, Sabanula, Saint Catherine, Santa
Cruz, (West Indies,) Santiago, (Cape Verde*) .Spezzia, Stettin, Tahita,
Talcahuano, Tumbez, Zanzibar*

VL COMMERCIAL AGENCIES* Commercial* ♦ .

agents*

*

8CHBDULE 0.

*

Apia, Saint Paul de Loando, [Loanda,] including loss bf exchange
thereon, fear hundred and iifty Ifoousand dollars*

For interpreters to the consulates in China, including loss by exchange interpreters,
thereon, five thousand eight hundred dollars.

424

THIRTY-EIGHTH CONGRESS. Sbss. IL Ch. 19, 20. 1865.

Persons For expenses incurred, under instructions from the Secretary of State,

cWgedwith | n bringing home from foreign countries persons charged with crime, and

expenses incident thereto, twenty thousand dollars.
Marshals Id For salaries of the marshals for the consular courts in Japan, China,
consular courts, Siam, and Turkey, including loss by exchange thereon, nine thousand

dollars*

PrjQAn ~ For rent of prisons fbr American convicts in Japan, China, Siam, and

Turkey, and for wages of the keepers of the same, nine thousand dollars.
Hayti and Li- For salaries of commissioners and consuls-general to Hayti and Liberia,
beria. eleven thousand five hundred dollars.

Suppression of For expenses under the act of congress to carry into effect the treaty
ttSS^tliO. hetween the United States and her Britannic Majesty fbr the suppression
Voi.xii. p.53i. of the African slave-trade, seventeen thousand dollars.
Immigration. For expenses under the act to encourage immigration, twenty-five
Ant&'m* thousand dollars.

Neutrality. * For expenses under the neutrality act, twenty thousand dollars.
Boundary line For expenses of. the commission to run and mark the boundary line
commissioners, between the United States and the British possessions bounding on

Washington Territory, thirteen thousand two hundred and fifty dollars.
Approved, January 24, 1865.

Jan. 24, 1865. Chap. XIX. ~-An Act to provide for an Advance of Rank to Officers of the Navy and
— ' Marine dorps for distinguished Merit

Be it enacted by the Senate and House of Representatives 4f the United
Certain officers States of America in Congress assembled, That any officer of the navy or
of army and navy marine corps, by and with the advice and consent of the Senate, may be
g^*" 1 ^ advanced, not exceeding, thirty numbers in rank, for having exhibited

eminent and conspicuous conduct in battle, or extraordinary heroism.
To be promote Sec. 2* And be it farther enacted, That any officer of the navy or

feftdL ffWde mar * ae corP 3 * either of volunteers or otherwise, who shall be nominated

to a higher grade by the provisions of the first section of this act, or of ,
that of section nine .of an act entitled w An act to establish and equalize
the grades of line officers of the United States navy," approved July six-
1863, ch. 188, teenth, eighteen hundred and sixty-two, shall.be promoted, notwithstanding
* v LxiL BS4. lluml>er grade may be foil, but no further promotions shall

^ take place in that grade, except for like cause, until the number is reduced
to that-provided by law.
Repealing Seo. 8. And be it farther enacted, That all acts, or parts of acts, wlach '
<**u**. are inconsistent with the provisions, of this act, are hereby repealed.

Approved, January 24, 1865^

Jan. 24, 1865. Chap. XX* — An Act supplementary to an Act entitled "An Act to prescr&e 'an Oath of
1662 ch. 128. tyfite, and for otfier Purposes," approved July two, eighteen hundred and szxty-two*
Vol.Wii.p.502. Be it enacted by the Senate and House of Representatives of the United
Attorneys and States of America in Congress assembled, That no person, after the date
nS^S°courte °^ ***** shall be admitted to the bar of the supreme court of the
to^^oaSu .United States, or at any time after the fourth of March next, shall be

admitted to the bar of any circuit or district court of the United States,
or of the court of claims, as an attorney or counsellor of such court, or
shall be allowed to appear and be heard in any such cimrt^by virtue of
any previous admission* or any special power of attorney, unless be shall
have first taken and subscribed the oath prescribed in ."An act ta pre-
scribe an oath of office, and for other purposes." approved July two, eigh-
teen hundred and sixty-two, according to the forms and in the jnanner in
Oath to be the said act provided ; which said oath $o. taken , and subscribed shall be
fifed. preserved among the files of such court, arid* any person who shall falsely

^Mseljr taking, take the said oath shall be guilty of penury, and, oh jMnvictfoiveball be
to be perjury, liable to the pains.and penalties of perjury, and the additional pain% and

penalties in the said fact provided.
Afproyed, January 24, 1865.

THIRTY-EIGHTH CONGRESS. Sess/IL Ch. 22, 23. 18*65. 425

Chap. XXll. — Act to amendan 4rf entitled "An Act to provide Wags and Means for Jan. 28, 1865.
the ^^ortoftfte Government, and^or otter Purposes" approved June thirtieth* eighteen - ^ ^
hundred and suety-fbar. Ante, $.218.

Be it enacted by tie Senate and Bouse of Representatives of the United
States of America in Congress assembled, That ia lieu of any bonds an- Treasury notes
thorized to be issued by the first section of the act entitled "An act tow^Wio
provide ways and means for the support of the government," approved hett of bonds *
Jane thirtieth, eighteen hundred and sixty-four, that may remain unsold
at the date of this act, the Secretary of the Treasury may issue, under
the authority of said act, treasury notes of the description and character
authorized by the second section of said act: Provided, That the^ whole
aniount of bonds authorized as aforesaid, and treasury notes issued and Bonds and
to be issued in lieu thereof, shall not exceed the sum of four hundred ^^oo^oooo
millions of dollars ; and such treasury notes may be disposed of for law- how disposed
ful money, or for any other treasury notes or certificates of indebtedness of;
or certificates of deposit issued under any previous act of congress j and exempt from
such notes shall be exempt from taxation by or under state or municipal taxation,
authority* %

- Sbo. 2* And he U farther enacted. That any bonds known as five* Certain five-
twenties, issued under the act of twenty-fifth February, eighteen hundred **** be
and sixty-two, remaining unsold to an amount not exceeding four millions
of dollars, may be disposed of by the Secretary of the Treasury in the vol.x1ip.34&
United States, or, if he shall find it expedient, in Europe, at any time,
on such "terms as he may deem most advisable : Provided, That this act No additional
.shall no* be so construed as to give any authority for the issue of any J ^*^? note8
legal tender notes, in any form, beyond the balance unissued of the fa^y.
amount authorized by the second section of the act to which this is an
amendment.
Approved, January 28, 1865*

Chap* juUxx. — An Act iruzIumAppn^atzonsfor the Sendee of the Pest- Office Depart* m Jan. 28,3365.
ment during the faced Year ending the thirtieth of June, eighteen hundred ana sixty-six* *

Beit enacted by ike Senate and Some of Representatives of the United
Suites of America in Congress assembled. That the following sums be, Post-office ap-
and die same are hereby, appropriated, for the service of the Post-Office propriation.
Department for the year ending June thirtieth, eighteen hundred and
sixty-six, out of any moneys in the treasury arising from the revenues of
the said department, in conformity to the act of the second of July, eigh-
teen hundred and thirty-six : —

For transportation of the mails, (inland,) seven million eight hundred Transportation
thousand dollars. * maHs#

For ship, steamboat, and way letters, eight thousand dollars, ters. bip ' ,et ~

For compensation' to postmasters, three million one hundred and * Postmasters,
seventy-five thousand dollars*

For clerks for post-offices, one million three hundred thousand dollars. Clerks.

For payment to letter-carriers, four hundred thousand dollars. - Letter-carriers.

For wrapping paper, seven^y-ilve thousand dollars. Wrapping

For twine, seventeen thousand dollars. papen> twine,

For office stamps, six thousand dollars. stamps, &c

For letter balances, two thousand five hundred dollars*

For compensation to blank agents and assistants, seven thousand dol- Blank agents,
lars. -
For office furniture, two thousand dollars.

For advertising, sixty-eight thousand dollars. Advertising.
. For postage stamps and stomped envelopes, two hundred and fifty Postage stamps
thousand dollars. * and envelopes.

For mail depredations and special agents, seventy thousand dollars. Speetalagents.

For mail-bags, sixty thousand dollars. Mail bags,

For mail locks and keys, eight thousand dollars. lodcB writes.

86*

426 THIRTY-EIGHTH .CONGRESS. Sbss. IL Ch. 24, 25, 26. 1865*

Balances to . For payment of balances due to foreign countries, three hundred and
foreign countries, fifty thousand dollars.

For miscellaneous payments, two hundred and fifty thousand dollars.
Foreign man For foreign mail transportation, two hundred and My thousand dollars,
transportation. Apphovbp, January 28, 1865-

Jan. 80, 1868. Chap. XXIV. —An Act to amend the Charter of the ^Washington Oas-IagM Company,"

Be it enacted jfy the Sendee and House of Representatives of the Untied
Price of gas in States of America in Congress assembtea\ That so much of the acts of

Washington, j une twenty-five, eighteen hundred and sixty, and July eleven, eighteen

i860 ch. 211. hundred and sixty-two, as relate to the price of gas furnished by the
Voi'xii. p. 107. "Washington Gas-Light Company^ be, and the same are hereby, repealed ;
1862, ch. 148. and the act incorporating the "Washington Qa£*Light Company * is hereby
^w8^ P \f^' so amended as to prohibit the said company from receiving, on and after
YoLl?p! k the first day'of December, eighteen hundred and sixty-four, for the benefit
of its stockholders, a greater price for gas than forty cents per hundred
cubic feet, subject to a discount of ten per centum on all bills for gas fur-
nished to the general government, and five per centum on all bills' to gas
furnished to other consumers, if paid at the 'office of the company within
seven days from the rendition thereof*
Approved, January 80, 1865.

Mi

Jan. 80,1865. 6hap. X%.V> — An Act to amend an Act entitled "An Act to incorporate the MetrofoH-
1884 ekiao to* Railroad Company, in the District of Columbia," approved July first, eighteen hm»
§17;' ' dredand$hty-fbur. '

Ante, p. 329. ^ it enacted by the Senate and Bouse of Representatives of the tinted
Time for com- States of America in Congress assembled, That section seventeen of the act
ofr^^tSd-L t0 incorporate the MetropoEtan Baikoad Company, of the District of Co-
lumbia, approved July first, eighteen hundred and sixty-four, be, and! the
same is hereby, amended so as to extend the time for the completion of
their railroad line* except that part thereof between Seventeenth Street
Proviso. and the Capitol, for 'oa>* year from tne passage of this act: Provided,
however. That the line from Seventeenth Street and the Capitol be com-
pleted, equipped, and runuing, within thirty days from the passage of this
act.

Approved, January 80, 1865.

Jan. 80, 1865. Chap. XXVX —An Act to amend the Act entitled 44 An Act to amend and extend the
1888 ch. 16. Charter of the ftxtnkUh Insurance Company," approved second March, eighteen hundred
Vol. vi. p. 704. thirty-eight.

Be U enacted by the Senate and Souse of Representatives of the United
^uterof States of America in Congress, assembled, That the act to amend and ex-
kr^Com^Sy'' ^ the charter of the Franklin Insurance Company, passed on the sec-
extended for ond day of March, eighteen hundred and thirty-eight, be, and the same is
twenty years, hereby, extended and continued in force for the period of twenty years, from

the ninth day of April, eighteen hundred and fifty-eight, the time at which
Buch amendatory act expired ; and that all proceedings had by the said
Acta legalized. Franklin Insurance Company, and all legal rights accrued or acquired, and
all legal obligations entered into by said company between the ninth day
of April, eighteen hundred and fifty-eight, and the date of this act be,
and the same are hereby, made valid fort all legal purposes.
Increase of Seo. 2. And be it farther enacteo\ That the Franklin Insurance Com-
capital stock. pany are hereby authorized to increase their capital stock to f»|, amount

not exceeding twpt hundred and fifty thousand dollars*
Approved, January 80, 1895* .

THIRTY-EIGHTH CONGRESS. Sbss. JL Ch. 29, 30, 32. 1865. 427

Chap. XXIX. — An Ad fir the Belief of certain fiiendly Indian* of (he Sioux Nation, Feb. 9, 1805.

tn Minnesota. — 11 '

Whereas certain Indians of the Sioux nation did, jewing the outbreak Belief of
in Minnesota in eighteen hundred and sixty-two, at the risk of their ^^. Si °*^
lives, aid in saving many white men, women, and children from being Be sota. m
massacred, and, in consequence of such action, were compelled to
abandon their homes and property, and are now entirely destitute of
the means of support : Therefore,

Be it enacted by me Senate and House of Representatives of the United
States of America in Congress assembled. That the President of the Examination
United States be, and he hereby is, authorized and requested to cause an ^jjj"* 8 *» be
examination to be made in relation to all the facts pertaining to the action weifS/provMed
of the said Indians, and to make such provision for their welfare as their for,
necessities and future protection may require.

Sec. 2. And be it farther enacted, That, for tfce purpose of carrying Appropriation,
out the provisions of this act, the sum of seven thousand five hundred
dollars be, and the same is hereby, appropriated, out of any money in the
treasury not otherwise appropriated ; one third of said sum to be paid and How to be ex-
expended for the benefit of Am-pe-tu-to-ke-cha, or John Other-day, and p&>&&
the remainder for the benefit of such other Indians as shall appear spe-
cially entitled thereto, for their friendly, extraordinary, and gallant services
in rescuing white settlers from massacre in Minnesota : Provided, That Proviso,
not more man the sum of five hundred dollars shall be expended for any
ope Indian, except the chief above mentioned ; and that the Secretary of Report to era-
the Interior shall report to the next congress the names of the Indians S 1 * 8 **
for whose benefit the same shall be expended, and the amount expended
for each.

Approved, February 9, 1865.

*

Chap. XXX. — An Act to extend to certain Persons in the Employ of the Government, the Feb. 9, 1865.
Benefits of the Asylum for the Lmne in the District of Colmabh,

Be it enacted by the Senate and Mouse of Representatives of the United
States of America in Congress assembled* That during the continuance of Certain persons
the rebellion, civilians employed in the service of the United States m be a< j mit, *£
the quartermaster's department and subsistence department of the army, t j ie fo^S^n the
who may be, or may hereafter become insane while in such employment* District of Co-
shall be admitted,' on the order of the Secretary of War, the same as per- l^hia.
sons belonging to the army and navy, to the benefits of the asylum for
the insane in the District of Columbia, as provided in such other cases by
the fourth section of the " Act to organize an institution for the insane of 1355, ch. 199,
the army and navy, and of the District of Columbia in the said District," §
approved March third, eighteen hundred and fifty-five* Vo1 * x ~\~ m >

Approved, February 9, 1865.

•

Chap. XXXII. — An Act to provide ibt Acting Assistant Treasurers or Depontariesof Feb. 18, 1865.

the United States in certain Cases, ~~

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That in case of the sickness or ...
unavoidable absence of any assistant treasurer or depositary of the United ant treasurers
States from his office, he may, with the approval of the Secretary of the and deporftariea
Treasury, authorize the chief clerk, or some other clerk employed therein, gt^. ted
to act in his place, and to discharge all the duties required by law of such,
assistant treasurer or depositary : Provided, That the official bond given Btma
by the principal of the office shall be held to cover and apply to the acts
of the person appointed to act in his place in such cases : And provided
further, That such acting officer shall, for the time being, be subject to all Actinirofficer8
the liabilities and penalties prescribed by law for the official misconduct gubjectto penal-
in like cases, of the assistant treasurer pr depositary respectively for whom ties,
he shall act.

Approved, February 13, 1865.

428

THEBTT-E1GHTH CONGRESS. Sfess. II. Ch. 84. 1865.

#

Teb. 14,1835. CuXB* 1UL&±V,—An Act to, incorporate the National Union Insurance Company of

irosninown*

A enacted bjfihe Smote and House of Bepresentatives of the XJnitea
xtatumal Union States of J^merica in Congress assembled, That James Harper, Thomas
Sj^ofwST Patton, C, H. Moody, John W. Id^gill, John M. Beilly, B. F. Gay, Val-
fngton inoorpo* entitle Blauchard, Thomas J. Fisher, Hudson Taylor, Augustus F. Perry,
rated* D. Walker, James Montgomery, Joseph J. May, or any five of them, be,

and they are hereby, authorized and empowered to receive subscriptions
to the capital stock of a company to be denominated " The National Union
Insurance Company of Washington," who shall open a book for that pur-
pose in the city of Washington, at the time and place to be by them des-
ignated, of which they shall give ten days 9 notice in two or more of the
Amount of daily papers of said city, and shall keep the same open until twenty thou-
^ P ihjum d 791116 ^bares of fifty dollars a share each shall have been subscribed ; and
° MembersHip* m 7 person of lawful age, and a citizen of the United States, shall be per-
mitted to subscribe upon paying five dollars on each share at the time of
Seal, powers, subscribing. And it shall be lawful for the said corporation to have a
common seal, sue and be sued, plead and be impleaded, and have and
exercise all the rights, privileges, and immunities for the purposes of the
corporation hereby created.
Directors* how Sec. %. And be it further enacted, That the affairs of the company
ana when elected. fl ball be managed by nine directors, to be elected annually by ballot On the

second Monday of July by the stockholders' or by their legally empowered
Votes agents ; and each share or stock shall entitle the holder thereof to one

vote; the election to be held at the office of the company at a general
Kotloe of meet- meeting of the stockholders convened for that purpose, by ten days 1 public
h$* notice hi two or more of the daily papers of the city of Washington :

Krst election. Provided^ That the first election for directors shall be held pursuant to
ten days' notice given in one or more of the daily papers of the dry of
-Washington by the persons named in * the first section of this act, or any
five of them, who shall designate the time when and the place where said
election shall beheld ; and the stockholders sjiall then and there &leet nine
directors to serve until the nexs ensuing election as provided for in this
Directors to act And at the first ensuing meeting of the directors after every ele<v
elect a president tic©, they snail appoint one of their number as president, who, together
Term ofofifce; with 'themselves, shall hold office until the next ensuing election as herein
qnorom. , 1 provided for; and five members of said board shall compose a* quorum.

Failure to hold, And in case that an 'election for directors should not be made when pursu-
ejection at ap- ant to tins act it* should have been .made, the company for that cause shall

not be dissolved; and * it shall be lawful, within forty days thereafter, to
bold and make an election for directors in such manner as the by-laws of
the company may prescribe, and the president and directors for the time
being shall be continued in office, until such election take place. And in
the event of death, resignation, or removal of any director from office, his
place for the remainder of his term may be filled by the president and
directors for the time being, in such manner as the by-laws may pre-
scribe*

Appointment S$C. 3* And be it farther enacted, That the president and directors
ofofficera/agenta, shall have power to appoint a secretary and such .other officers, agents,

and clerks as may to them appear proper, to fix their compensation and
pay the same.

Sbcu 4. And be it further enacted, That the capital stock shall be
called in, and paid in such instalments and proportions, and at such times
and place, as 1 toe president and directors for the time being may require
and designate, who shall give fifteen days* notice thereof in two or more
daily papers of the city of Washington. And if any stockholder, sub-
scriber, their assignee or transferee, shall refuse or neglect to pay such
proportion or itmtalment, at the time and place appointed, such stockholder,
subscriber, transferee, or assignee shall, at the option of the president and

pointed time*

Vacancies in
office.

Capital stock,
how called in.

Delinquent
Enbscribera.

TKLBTY-EIGfiTH CONGRESS. Sbss. XL C#. 84,55. 1865.

429

directors, forfeit to the use of Hie company all hifc, her,<or their right/ title,
and interest in and to every share on which such instalment has not been
dnly made ; and fresh subscriptions may be opened for the same, in such *
manner as the by-laws may prescribe, or the president and directors may,
at their option, commence suit for the same and recover against the holder
of. said stock for the amount of the instalment or proportion so unpaid:
Provided, That no stockholder or subscriber shall be permitted to vote at Delinquent
any election for directors, or at any general or special meeting of the com- Jj^j™ 1 * nat
pany, on whose shares any instalments or arrearages may be due more than
fifteen days previous thereto.

Sec. 5* And he it further enacted. That the president and directors for By-laws,
the time being shall have power to ordain, establish, and put in execution
such roles, regulations, ordinances, and by-laws ^ls they may deem essen-
tial for the well government of the institution, not contrary to the laws General powers
and Constitution of the United States, or of this act, and generafry to do of directors,
and perform all acts, matters, and things which a corporation may or can
lawfully do.

Sec. 6. And he it farther enacted. That the president and directors are Corporation
hereby empowered and fully authorized, on behalf of the company, to ^
make insurance against losses by fire on any house* building, tenement, $fjr&c. ^
manufactories, mills, or other buildings ; on goods, wares r chattels, and
effects of all kinds therein, or otherwise ; upon grain, produce, and imple-
ments, and upon vessels building on the stocks, in port Or at moorings;
and, generally, upon all' and every sort and description of property* of
whatever kind soever, on land or water; arid to make, execute* perfect, Policies, how,
and conclude so many contracts, bargains, agreements, policies, and other es&aated.
instruments as the nature of the case shall or may require; and all such
instruments, bargains, contracts, policies, or agreements shall be in print
or in writing, and shall be* signed by the president and secretary, or such
other persons as the managers may appoint for such purpose, and shall be
under the seal of the company : Provided, That said president and direc-
tors may, at their option and discretion, make insurance on* such terms
and conditions as to them may appear equitable, reserving the premiums,
or appropriating and returning such portions thereof io the insured' as
may to them appear conducive to the interest of the company and the
insured, in such manner and on such conditions as may appear to them
just and proper*

Sbo* 7. And he it further enacted, That ihe president and directors Yearly ftta-
shall, on the third Monday in June of each and every year,, divide so dead of profits,
much of the profits of said company as to them may appear advisable,
first deducting all expenses, and pay the same to the respective stock-
holders or their * agents, duly empowered, in ten days thereafter ; hut' the
money received as premiums upon risks which remain outstanding and
undetermined at the time of declaring such dividend, shaD not then be
considered as part of the profits; and if the capital stock paid in shall be
lessened by losses, no subsequent dividend shall be made or declared until
a sum equal to said diminution shall have b&en added to the capital- stock.

Sbo. 8. And he it further enacted, That the stock of said company Transfer of
shall be transferred on the books of the company in such manner only as * feoc &*
the by-laws of the company shall direct.

Seo. 9. And he it farther enacted, That nothing* hi tins act shall 4>e Act may be
construed as making it perpetual, but congress may at any time alter, attexed^&e.
amend, or repeal the same.

Approved, February 14, 1865.

* ■ ■

Chap. XJLXV.—AnAct fix #e Bditf <f Co&cton and Suhbfm of tte Customs in Feb. H,"lS6tt.

i certain Cases, "

Be it enacted hytfie Senate and Rome 6f Representatives of t&e
Skates of America in Oongrm assembled, That in all cases in whi

PremStmuu

430 TfflRTY-EIGHTH CONGRESS. Sbss. XL Ch. 87. ISM.

Certain colleo* collector or surveyor of the customs has paid or accounted for, or is
w?of^5oms 3r * charged with duties accruing under the " Joint resolution to increase tern*
may have certain porarily the duties on imports/' approved April twenty*iunth, eighteen
^ntoMxeinitted hundred and sixty-four, and in which the Secretary of the Treasury shall
to them. ^ ^fgg^ that the collection of the said duties was omitted by such

collector or surveyor, for the reason that he was not informed of the pas-
sage of said resolution when said duties accrued, the said Secretary be,
Jnte y m.m,m. and he is hereby, authorized, under such roles as .he may prescribe, to

remit or refund, as the case may require, such duties to such collector or
surveyor.
Appbovbd, February 14, 1865*

Feb. 17, 1865. Chap. XXXVU. — An Act to authorize the Establishment of Ocean. . MaU-Steamhp
Service between ike United States and China.

Be it enacted by the Senate and Bouse of Representatives of the United
Proposals tc be States of America in Congress assembled, That the Postmaster-General
^^f^e^- and be is hereby, authorized to invite proposals by public advertise-
ship service be- ment, for the period of sixty days, in one or more newspapers published
tween San Fran- j n the cities of Washington, New York, Philadelphia, Boston, and San

Francisco, respectively, For maO-steamship service between the port of
San Francisco, in the United States, and some port or ports in the Chi-
nese empire, touching at Honolulu, in the Sandwich Islands, and one or
more ports in Japan, by means of a monthly line of first-class American
sea-going steamships, to be of not less than three thousand tons burden
Monthly trips, each, and of sufficient number to perform twelve round trips per annum
Lowest re- between said ports, and to contract with the lowest responsible bidder for
tohav^co^bw* said service for a term of not more than ten years, to commence from the
tot ten yearsT^ day the first steamship of the proposed line shall depart from the port of
Bfds to be from San Francisco with the. mails for China: Provided, That no hid shall be
dttaen& and not considered which shall amount to more than five hundred thousand dollars
«600,oooa°year, & r tae twelve round trips per annum, nor unless the same is from a citizen
&c 'or citizens of the United States, and accompanied by an offer of good and

Sureties, sufficient sureties (also citizens of the United States) for the faithful per-
formance of such contract
Contract^ when Sac* 2. And he it farther enacted, That any contract which the Post-
to go into effect master-General may execute, under the authority of this act, shall go into

effect on or before & ft* day rf Janouy, one thousand eight hundred
and sixty-seven, and shall, in addition to the usual stipulations of ocean
^Provisions as mail-steamship contracts, provide that the steamships accepted for the
of the^lla? *hall be constructed of the best material and after approved mod*

els, with all the modem improvements adapted to sea-going steamships of
the first class, and shall be subject to inspection and survey by an expe-
rienced naval constructor, to be detailed for that purpose by the Secretary
of the Navy, whose report shall be made to the Postmaster-General,
That the government of the United States shall be entitled to have trans*
Mail-agents, ported, free of expense, on each and every steamer, a mail-agent, to, take
charge of and arrange the mail-matter, to whom suitable accommodation
Deductions for for that purpose shall be assigned* That in case of failure from any
failures. cause to perform any of the regular monthly voyages stipulated for in the

contract, a pro rata deduction shall be made from the compensation on
Fines for aV account of such omitted voyage or voyages. That suitable fines and
toys, &c penalties may be imposed for delays and irregularities in the performance
Contract may of the service, and that' the Postmaster-General shall have the power to
J^ t &£ ine<1; determine the contact at any time in case of its being underlet or assigned
* to any other party*

Approved, February 17, 1865*

THIRTY-EIGHTH CONGRESS. Suss. IL Ch. 88, ,89, 41,42. 1865. 4S1

Chap. XXXYTSL—An Act sumdemerOart? to an Act approved Jfyjburteen, eighteen Feb. 17. 186 5.
hundred and sixty-two, entitled "An Ad to establish certain Post-Roads," 1862, ch. 167.

Be it enacted by the Senate and House of Representatives of the United Vol.xSip.6e9.
States of America in Congress assembled) That the act of congress approved A raihroad-
July fourteen, eighteen hundred and sixty-two, entitled "An act to estab- SEttTwJ^
lish certain post-roads," shall be, and the same is hereby, so amended $d Ohio River at the
to authorize the Louisville and Nashville Railroad Company, and the head the fella.
Jeffersonville Bailroad Company (stockholders in the Louisville Bridge
Company) to construct a railroad-bridge over the Ohio River at the head
of the falls of the Ohio, subject to all the provisions of said act : Provided,
That the said bridge may be constructed at a height not less than fifty-six HeigbMpans,
feet above low-water mark, and with three draws, sufficient to pass the * raw8 > &c<
largest boats navigating the Ohio River ; one over the Indiana chute, one
over the middle chute, and one over the canal: Provided, That the spans
of said bridge shall not be less than two hundred and forty feet, except
over the Indiana and middle chute and the canal ; said bridge shall be
constructed with draws of one hundred and fifty feet wide on each side
of die pivot pier over the Indiana and middle chutes, and ninety feet wjde
over the canal : And provided further, That said bridge and draws shall ^^onnot
be so constructed as not to interrupt the navigation of the Ohio River. 10 ** toteiruptea *

Sbc. 2. And be it further enacted) That the bridge erected under the Bridge to be a
provisions of this act shall be a lawful structure, and shall be recognized post " rottte#
and known as a post-route*

Approved, February 17, 1865.

Chap. XXXTX,—An Ax* to establish a Bridge across the Ohio Ewer at Cincinnati, Feb. 17, 1865.

Ohio, a Post-Road ~

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the bridge across the Ohio ^^^S^
River at Cincinnati, in the State of Ohio, and at Covington, in the State stiver at cincfe-
of Kentucky, is hereby declared to be, when completed, in accordance nati made a post-
with the laws of the States of Ohio and Kentucky, a lawful structure and roa,L
post-road for the conveyance of the mails of the United States* -

Approved, February 17, 1865.

Chap* XU. — An Act authorizing the President to appoint a Second Assistant Secretary Feb. 20, 1865.

°f War - 1864, ch. 3.

Be it enacted by the Senate and House of Representatives of the United Ante, p. 1.
States of America in Congress assembled) That the President be, and he 8eeond assist-
is hereby, authorized to appoint, by and with the advice and consent of SL^ShS^S-
the Senate, for the term of one year from the passage of this act, an officer
in the War Department, to be called the Second Assistant Secretary of
War, whose salary shall be three thousand dollars per annum* payable in ^J^ 7 dnd
the same manner as that of the Secretary of War, who shall perform all
such duties in the office of the Secretary of War, belonging *to that De-
partment, as shall be prescribed by the Secretary of War, or as may be
required by law.

Approved, February 20, 1865.

Chap, XUI.— An Act to enlarge tie Port of Entry and Delivery Jor the District of Feb. 20, 1865.

Philadelphia.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the port of entry and de- Boundary of
livery for the district of Philadelphia shall be bounded on the river #ei-|£^p^^*
aware by Frankford Creek, on the north, and Broad Street, on the south, phia.

Sbc 2. And be it further enacted, That all acts or parts of acts con- 'Repealing
flicting with the provisions of this act be, and the same are hereby, etas**
repealed*

Approved, February 20, 1865.

482 THIRTY-EIGHTH CONGEESS. Sbss. It Ch. 48, 45, 46, 47. 1865.

Feb. 90, 1895. Chap. XLEX— Act to repeal an Act entitled "An Act to remove the United Stales
~ lS8l.fth.flo — Arsenal from, the City of Saint Lotus, and to provide for the Sale of the Lands on which

Be it enacted by the Senate and Bouse of Representatives of the United
Reveal of act States of America in Congress assembled, That the act entitled u An Act
wm*^ftL *° remove the United States arsenal from the city of Saint Louis, and to
arsenal from SU provide for the sale of the lands on which the same is located," approved
Louis, &c March second, eighteen hundred and sixty-one, bet, and the same is hereby,

repealed. *
Approved, February 20, 1865.

Peb. 28, 1865. Okap. XLV. — An Act to extinguish the Indian Title to Lands in the Territory of Utah
suitable for agricultural and mineral Purposes,

Be it enacted by ike Senate and House* of Representatives of the United
Indian tides In States of America in Congress assembled, That the President of die

be^ttSn^d Umted States and he is hereby, authorized, by and with the advice
byttSt|r and consent of the Senate, to enter into treaties with the various tribes

of Indians of Utah territory, upon such terms as may be deemed just to
said Indians and beneficial to the government of the United States : Pro-
Proviso. vided, That such treaties shall provide for the absolute surrenders the
United States, by said Indians, of their possessory right to all the agri-
cultural and mineral lands in said territory except such agricultural lands'
as by said treaties may be set apart for reservations for said Indians : And
Reservations, provided, further. That all such reservations shall be selected at points as
remote as may be practicable from the present settlements in Utah Ter-
ritory.

Agricultural Seo. 2. And be it further mooted, That in agreeing with said Indians
^S.k^&^to be n P on amounts *° °® P^d to them under the provisions of the treaties
^ven inpayment *° 06 negotiated in pursuance of this act, care shall be taken to obtain
as far as possible, from the Indians, to the greatest possible extent, their consent to receive

for such payments agricultural implements, stock, and other useful articles,

rather than moneys

Appropriation. Sec. & And be it farther enacted, That for the purpose of negotiating
said treaties and carrying out the provisions of this act, making presents
to said Indians, and defraying the necessary expenses incident to such
negotiation, there is hereby appropriated, out of any money in the treas-
ury of the United States not otherwise appropriated, the sum of twenty-
five thousand dollars*
Approved, February 28, 1865.

#

Feb« 28, 1865. Chap. XL VL — An Act to provide fir the Payment ofthe Valise of certain Lands and

Improvements of private Citizens, appropriated by the united States fir Indian Reserva-
tions, in the Territory of Washington.

Be it enacted by the Senate and House of Representatives of the United
Appropriation States of America in Congress assembled, That the sum of eighteen thousand
fet^tokmfof six hundred and eleven dollars and sixty-two cents, or so much thereof as
Indian^™- may be necessary, is hereby appropriated, out of any money in the treasury
lions in Washing- not otherwise appropriated, for the purpose of paying for the lands and
a erntory. improvements of private citizens, taken and appropriated, by order of the
Department of the Interior, for Indian reservations and uses in the Ter-
Clatojipw ritory of Washington ; and the claims herein provided to be paid shall be
snowed, «c allowed and paid in such manner and upon such proofs of the value of

the property as shall be prescribed by the Secretary of the Interior*
Approved, February 23, 1865.

Feb. 28, 1865. Obaf. XLVH.—An Act to JadUtate the Collection of certain Debts dee the United

State*.

Be it enacted by the Senate and House of Representatives of the Uhitea
' States of America in Congress assembled, That in all cases where debts

THIRTY-EIGHTH CONGRESS. Ssss. IL Ch. 47* 1865. 433

are due from postmasters, mail-contractors, or otber officers, agents, or When warrant
employees of the Post-Office Department, who are in default or delin- ^s^^inst
quency, a warrant of attachment may issue against all property, real and property onEto-
personal, possessions, and rights legal, equitable, and contingent, belonging ore to Post-office
to such officer and his sureties, or either of them, in the following cases : 1>e P artment *

First* When any such officer, agent, or employee, and his sureties, or Those in rebel,
either of them, has, within the meaning of the act of July seventeen 1>od.
eighteen hundred and sixty-two, chapter one hundred and ninety-five, and ^|\^* D 19 ^
the proclamation of the President in pursuance thereof, dated the twenty- vol! xiL
fifth day of July, eighteen hundred and sixty-two, participated in, aided, p» 1266.
abetted, or countenanced any rebellion against the United States*

Second* When such officer* agent, or employee, and his sureties, or Non-residents,
either of them, is a non-resident 'of the district where such officer was
appointed, or has departed from such district for the purpose of residing
permanently out of such district, or of defrauding the United States, or of
avoiding the service of civil process*

Third* When such officer or his sureties, or either of them, has con- Conveyance,
veyed away or is about to convey away his property, or any part thereof, fcjL^SKT
or has removed or is about to remove his property, or any part thereof, defraud,
from the district wherein the same is situated, with intent to defraud the
United States* And where such removal has taken place, certified copies Removal of
of the warrant may be sent to the marshal of any other district into which ^property,
such property may have been removed, under which certified copies it
shall be lawful for such marshal to seize such property and convey it to
some convenienJLpoint within the jurisdiction of the court from which the
warrant originally issued. Alias warrants may issue upon due applica- Alias warrants,
tion, and the validity of the warrant first issued shall continue until the
return day thereof*

Sec* 2* .And be it ^further enacted. That application for such warrant Application for
may be made by any district attorney or assistant district attorney, or any warrant, how
other person authorized by the Postmaster-General, before any judge, or, made *
in his absence, before any clerk of any court of the United States having
original jurisdiction of the cause of action* Such application shall be
made upon an affidavit of the applicant, or some .other credible person,
stating the existence of either of the grounds of attachment enumerated 1
in the first section of this act, and upon production of legal evidence of
the debt* Upon such application, and upon due order of any judge of the issuing and
court, or in the absence of any judge without such order, the clerk shall execution of war-
issue a warrant for the attachment of all the property of any kind belong- raDt *
ing to the party or parties specified in the affidavit, which warrant shall
be executed with all possible despatch by the marshal, who shall take the
property attached, if personal, into his custody, and hold the same subject
to all interlocutory or final orders of the court ,

Sso. 3. And be it further enacted, That the party or parties whose Ownership of
property is attached may, at any time within twenty days before the re- P™^? 5 ^ 1 "' de-
turn day of the warrant, on giving to the district attorney notice of bis termined. "
intention, file a plea in abatement, traversing the allegations of the affidavit,
or denying the ownership of the property attached in the defendants, or
either of mem, in which case the court may, upon application of eithei
parry, order an immediate trial by jury of the issues raised by the affida-
vit and plea. But the parties may, by consent, waive a trial by jury, in Trial by jury
which case the court shall decide the issues raised by the affidavit and or ^ court *
plea* Any party claiming ownership of the property attached and a spe- Other remedies,
cific return of the same shall be confined to the remedy afforded by this not Walred.
act, but his right to an action of trespass or otber action for damages shall
not be impaired hereby.

Sac. 4 And be it furtker enacted, That when the property attached Proceeds of
shall he sold on any interlocutory order of the court, or when it shall be **** °L at ^^
producing any revenue, the money arising from such sale or revenue shall Svestel, &c
vol* xni. Pub. — 87

434

THIRTY-EIGHTH CONGRESS. Sess. IL Cm. 47, 48. 1865.

Accretions. be invested in securities of the United States, under* the order .of the

court, and all accretions shall be held subject to the order of the court.
Publication of Sec. 5. And be it farther enacted, That immediately upon the execu-
attachment t0 tion of the warrant of attachment the marshal shall cause due publication
m of such attachment to be made, in the dase of absconding debtors or adhe-*

rents of the rebellion, for two months, and in case of non-residents for fbur
months. Such publication shall be made in some newspaper or newspa*
pers within the district where the properly attached is situated, and the
details of such publication shall be regulated lo each case by the order
under which the warrant is issued.
After publica- Sec. 6. And be it further enacted, That after* the first publication of
d °hV ^Sf^h^ sucn not * ce or * attachment in all the newspapers required by this or any
in* property JIT subsequent act, every person indebted to the defendants, or either of them,
defendants, with and having knowledge of such notice, whose property is liable to attach*
a^unt d SerSbn menfc > an( * every person having possession of any property belonging to

such defendants, or either of them, and having knowledge as aforesaid,
shall account and answer for the amount of such debt and for the value
Sales, &C*, of such property, .and any disposal or attempt to dispose of any such prop-
vold - erty to the injury of the United States shall be illegal and void. When

the person or persons so indebted to or having possession of the property
of such defendants, or either of them, shall be known to the district attor*
Personal no- ney or the marshal, it shall be the duty of such officer to see that personal
tioe * notice of such attachment is served upon such persons, as in cases of gar-

nishees ; but the want of such notice shall not invalidate the attachment.
Discharge of Sec 7. And be it farther enacted, That upon application of the parry
tech 8 "* l wnose property has been attached, the court or any judge thereof may
men discharge the warrant of attachment as to the property of the applicant :
Bond to be Provided, That such applicant shall enter into and execute to* the United
given. States a good and sufficient penal bond in double the amount pf the value

of the property attached, conditioned for the return of said property, or
to answer any judgment which may be rendered by the court in the prem-
ises, which bond shall be approved by the court or any judge thereof.
Fees, coats, Seo* 8. And be it farther enacted. That the fees, costs, and expenses
and expenses. f fining apd serving the warrants of attachment authorized by this act

shall be regulated as far as possible by the existing laws of the United
States and the rules of court made in pursuance thereof. • In the case of
preliminary trials as to the validity of the attachment or the right of
property, clerks' and marshals' fees shall be the same as in ordinary oases,
and the docket fee of the district attorney shall be ten dollars,.
This act not Sbo. 9. And be it farther enacted, That this act shall not be construed
to interfere, &c go as to limit or abridge in any manner such rights of the United . States

as have accrued or been allowed in any district under the former practice
of the United States courts or the adoption of state laws by said courts.
Approved, February 25, 1865*

2Se! m£ & * enacted, by, the. Senate and Home of Representatives of the United
' States of America in Gonaress assembled, that the act, approved May
fifth, eighteen hundred and sixty-four, entitled ft An act to.amen^ 'An act
to incorporate, the inhabitants of the city of Washington, 9 passed May'
fifteen, eighteen hundred and twenty,* be construed amended so as'to reajct

Taxes for local as follows : That the said corporation shall have full power and authority
Improvements, t0 | aY taxes on particular wards, parts, or sections of the city, for their

particular local improvements, and to cause the curb-stones to be set, the

Paving. foot and carriage ways, or so much thereof as they may deem best, to be

Sewerage. graded and paved; to introduce the necessary sewerage and drainage

THIETY-EIGHTH CONGEESS. Sbss. JL Cb. 48,49. 1865.

485

• facilities under and upon the whole or any portion of any avenue, street,
or alley ; to cause the same to be suitably paved and repaired, and at all
times properly cleaned and watered ; to cause lamps to be erected therein, street lamps,
and to light the same and to pay the cost thereof, the corporation of
Washington is hereby authorized to lay and collect a tax upon all prop- Tax.
erty bordering upon each street or alley that may be paved, sewered,
lighted, cleaned, or watered by said corporation in accordance with the
provisions of this act* And also to lay, or cause to be laid, simultaneously
with the grading or paving of any avenue, street, or alley in which a main Waterand ens
water-pipe or main gas-pipe, or main sewer may have been laid, water or pipes and intern)
gas service pipes or lateral house drains, from such water or gas main or ^ oase drains,
main sewer to one foot within the curb line in front of every lot or sub-
divisional part of a lot which may bound on such avenue, street, or alley,
and to which a gas or water service pipe or house drain may not have
been already laid, and to pay the cost thereof, shall have full power and Tax*
authority to lay and collect a special tax on every such lot or subdivisional
part of a lot*
Apfboved, February 23, 1865*

Csap. XLIX. —An Act to incorporate the Sisters of Mercy in the District ofColwmUa. Fd>. 88, im. .

Be it enacted by the Senate and Mouse of Representatives o f the United
States of America in Congress assembled. That Isabel Atkinson, Eliza- " ^J e FJ ^
beth Medcalf, Teresa Byrne, Ellen Matthews, Mary Duffy, Teresa Moran, District of Co-
and Ellen Wynne, and their successors, hereafter to become Sisters of lurobla tocorpo*
Mercy, and to be appointed according to the rules and regulations that rated *
have been or may hereafter be established by their association, be, and
they are hereby, made, declared, and constituted a corporation or body
politic, in law and m fact, to have continuance forever, by the name, style,
and title of the " Sisters of Mercy in the District of Columbia."

Sec* 2. And be it further enacted, That all and singular the lands, t0 ^ p ^ n ^ re "
houses, tenements, rents, legacies, annuities, rights, property, privileges, beeomf vested in
goods, and chattels, heretofore given, granted, devised or bequeathed to the corporatiou
the said Sisters of Mercy, in the District of Columbia, or to any individ-
ual of the said corporation, or to any person or persons for the use of
said corporation, or that hare been purchased for or on account of the
same be, and they are hereby, vested in, and confirmed to, the said cor-
poration ; and that the said corporation may purchase, take, receive, hold, ^W]?^ 11
and apply to the uses and purposes of the same, according to the* rules, property?
regulations, and by-laws that they may establish from time to time, for the
management of the concerns of the said society or corporation, any land**,
tenements, rents, legacies, annuities, rights, property, and privileges, or
any goods, chattels, or other effects of what kind or nature soever, which
shall or may have been or may hereafter be given, granted, sold, bequeathed
or devised unto the said association or corporation by any person or per-
sons, bodies politic or corporate, capable of making such grants, sale, or
bequest, and that the said association or corporation of the Sisters of
Mercy, in the District of Columbia, may dispose of and convey the same
as they may deem proper: Provided* That the said association or cor- Limit to laud
poration shall not, at any one time, hold, use, possess, and enjoy, within propeity *
the District of Columbia, either by legal seizure* or trust, for its use and
benefit, more than three hundred and twenty acres of land, nor shall the
said association or corporation hold, in its own right, or by any other per-
son in trust, or for its benefit, real estate the annual net income of which,
after discharging all its expenses, debts, and liabilities, shall exceed the
sum of fifty thousand dollars.

Sec. 8* And be it further enacted, That the said corporation, by the
name of the Sisters of Mercy, in the District of Columbia, be, and shall
be hereafter, capable in law and in equity to sue and be sued, within the

486

THIRTY-EIGHTH CONGRESS. Sess. p. Cfl* 49, 50. 1865.

Suits. ' District of Columbia and elsewhere, in as effectual a manner a? otber per-
sons or corporations can sue or be sued, and that the said corporation, or
a majority of the persons composing the same, shall adopt and use a
Sea *« common seal, and the same to use, alter, or change at pleasure, and fr

By-laws* time to time make such by-laws, not inconsistent with the Constitution of
the United States or any law of congress, as they may deem expedient
Objects of as- and proper for carrying into effect the objects of the said association or
soctation. corporation, including the care, control, and education of children ; the care,

protection, instruction, and employment of destitute females; the care,
nursing, and alleviation of the •sufferings of sick or wounded persons, and
suchother objects of literature and charity as may be determined upon
by weir by-laws, as aforesaid, and which their means and net income may
enable them to effect and support
Persons named Sec. 4 And be it further enacted, That if, at any time hereafter, any
herein as coroo- of the persons hereinbefore named, or any of their successors, as Sisters
ere? when tohave °^ Mercy* m the District of Columbia, shall cease to belong to the said
no control, &c association or corporation, according to the said by-laws, such persons shall

thereafter have no part or control in the proceedings of the said, associa-
tion or corporation under or in pursuance of the provisions of this act
Officers, agents, Sec. 5, And be U further enacted, Tihat the said association or corpora-
tion shall have power to appoint such officers, agents, and persons, as may
be necessary, and to construct or purchase such buildings or to create such
establishments as may be required to effect and carry out the humane and
charitable objects of its' institution, in accordance with its by-'aws and reg-
ulations, as aforesaid, under this act

Sbc* 6. And be it further enacted) That the schools and all other in-
stitutions of instruction, education, or employment, established by the
Sisters of Mercy in the District of Columbia, shall at all times be subject
Visitation and to the visitation and inspection of the justices of the supreme court of the
inspection. District of Columbia, or any one of them, or the committees on the District

of Columbia in either house of -congress, or any other committee of
congress that either house may appoint, and the books, records, and proceed-
ings of. said Sisters of Mercy shall at all times be subject to the exami-
nation and inspection of said justices or any such committee*
Act may be Sec. 7. And be it further enacted, That this act may, at any time here-
amended, &c after, be amended, altered, or repealed, in whole or in part, according to

the pleasure of cdngress.
App&ovbd, February 28, 1865

Feb. 23, 1865. Chap L. — An Act to amend an Act entitled "An Atf to incorporate the Columbia In&ti-
— *™ — r~rz — tution Jot the Instruction of the Deaf and Dumb and the Blind" approved February s$s>
m aU? pTisi. teen * eighteen hundred and fifty-seven.

Be it enacted by the Senate and Rome pf Representatives of the United
reaching the States of America in Congress assembled, That so much of said act as
blin ed! 0t re " requires the teaching of the blind in said institution be, and the same is
^Change of cor- hereby, repealed, and the corporate name and style thereof shall here-
porate name. after be ** The Columbia Institution for the instruction of the Deaf and

Dumb."

indigent blind, Sec 2* And be it further enacted, That .the Secretary of the Interior
where to be edu- he, and he is hereby, authorized to cause all indigent blind children who

are now, or may hereafter become entitled, under the law as it now exists,
to instruction in said institution, to be instructed in some institution for the
education of the blind, in Maryland, or some other state, at a cost not
greater for each pupil than is, or may be for the time being, paid by such
state, and to cause the same to be paid out of the treasury of the United
States*

vwnactto Sec. 8. And be it further enacted, That this act shall take effect from
take etfect. and after the thirtieth day of June, eighteen hundred and sixty-five.

Approved, February 23, 1865.

t

THIRTY-EIGHTH CONGRESS* Sbss. TL Ch. 52, 58. 186ft 487

Coup. Ul—ift .to to prevent Officers of ike Jrnm c&dNav$> tad ether Persons Feb. 26, 1865.

, ^ ^ military and naval Service of the United States, from interfering in :

in the States*

Be it enacted by the Senate and Souse of Representatives of the United
States of America in Congress assembled, That it shall not be lawful for ^ Interference ia
any mjJitery or naval officer of the United States, or othec person engaged -Sinofficewpw^
In the civil, military, or naval service of the United States, to order, bring, hibited.
keep, or have under his authority or control, any troops or armed men at
the place where any general or special election is held in any state of the
United States of America, unless it shall be necessary to repel the armed
enemies of the United States, or to keep the peace at the polls* And
that it shall not be lawful for any officer of the army or navy of the
United States to prescribe or fix, or attempt to prescribe or fix, by proc- Qualifications
lamation, order, or otherwise, the qualifications of voters in any state of j£ vote ™.?* l u '
the United States of America, or in any manner to interfere with the free- 8 pre8cn
dom of any election in any state, or with the exercise of the free right
of suffrage in any state of the United States. Any officer of the army
or navy of the United States, or other person engaged in the civil, mili-
tary, or naval service of the United States, who violates this section of
this 'act, shall, for every such offence, be liable to indictment as for a mid-
demeanor, in any court of the United States having jurisdiction to hear,
try, and determine eases of misdemeanor, and on conviction thereof shall .^ en . ftIt y £ or . .
pay a fine not exceeding five thousand dollars, and suffer imprisonment in u
the penitentiary not less than three months, nor more than five years, at
the discretion of the court trying the same ; and any person convicted as
aforesaid shall, moreover, be disqualified from holding any office of honor,
profit, or trust, under ^the government of the United States: Provided, Suffices of
That nothing herein .contained shall be so construed as to prevent any ^ e ^^^£ >t
officers, soldiers, sailors, or marines, from exercising the right of suffrage
in any election district to which he may belong, if otherwise qualified
according to the laws of the state in which he shall offer to vote*

Sea 2. And be it further enacted, That any officer or person in the Interfering
military or naval service of the United States, who shall order or advise, pui^hedl
or who^shall directly or indirectly, by force, threat, menace, intimidation,
or otherwise, prevent or attempt to prevent any qualified voter "of any
state of the United States of America from freely exercising the right of
suffrage at any general or special election in any state of the United
States, or who shall in like manner compel, or attempt to compel, any offi-
cer of an election in any such state to receive a vote from a person not
Regally qualified to vote, or who shall impose or attempt to impose any
rules or regulations for conducting such election different from, those pre-
scribed by-law, or interfere in any manner with any officer of said elec-
tion in the discharge of his duties, shall for any such offence be liable to
indictment as for a misdemeanor, in any court of the United States having
jurisdiction to hear, try, and determine cases of misdemeanor, and on
conviction thereof shall pay a fine of not exceeding five thousand dollars,
and suffer imprisonment in the penitentiary not exceeding five years, at
the discretion of the court trying the same, and any person convicted as
aforesaid shall, moreover, be disqualified from holdirig any office of honor,
profit, or trust, under the government of the United States.

Approved, February 25, 1655.

Chat. Lin. —An Act to increase the Efficiency of ike Medical Corps of the Army. Feb. 25, 1865.

Be U enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the medical director of Bank and
an army in the field consisting of two or more army corps, and the medical WJ^J^
director of a military department in which there are United States gen-
eral hospitals containing four thousand beds or upwards, shall have the
rank, pay, and emoluments of a colonel of cavalry ; and the medical <bV

87*

m

THIRTY-EIGHTH CONGRESS. Sess. IL Gel H 55. 1865.

rector of an army corps In the field) or of a department in which there
are United States general hospitals containing less than four thousand beds,
shall have the rank, pay, and emoluments of a lieutenant-colonel of cav-
ImmmM, how Bat this increased rank and pay shall only continue to medical

aJ* wntin ** officers while discharging such special duties ; and the assignments from
to daty?™ ti me *° ^ me t0 such duty shall he at least two thirds of them made from

among the surgeons and assistant surgeons of volunteers.
Approved, February 25, 1865*

Feb. 85, 1865. Chap. KV. —An Act to create the Eastern Judkial District of tte York

Be & enacted by the Senate and Bouse of Representatives of the Unitea
Eastern judi- States of America in Congress assembled, That the counties of Kings,
SVtm? 111 Q oeens > Suffolk, and Eichmond, in Hie State of New York, with the
sted. ° r Cr °" waters thereof, are hereby constituted a separate judicial district of the

United States, to be styled the eastern district of New York. The Pres-
ident of the United States, by and with the advice and consent of the
Judge. Senate, shall appoint a district judge for said district who shall reside
Jurisdiction therein, and who shall possess the same powers and perform the same
and pay. duties within said district which are now possessed and performed by the

district judge of the southern district of New York. The said judge
shall also receive the same compensation as is by law provided for the
Terms of dis- judge of said southern district. District and circuit courts for the trial

court£? d CirCUlt ° f ca" 868 80811 >» held in <fcy of Brooklyn on the first Wednesday

of every month* The courts so to be held shall have the same jurisdic-
tion as is now or may hereafter be vested in other district and circuit
Other officers courts of the United States. Such officers shall be appointed for said

of court. district and court, and in the same manner and with the same fees and

emoluments as prescribed by law for other districts and courts of the
United States.

Concurrent Sec 2. And be it further enacted. That the district court for the said
fejac^urt? 11 °* eastern district shall have concurrent jurisdiction with the district court

for the southern district of New York over the waters within the counties
of New York, Kings, Queens, and Suffolk, in the State of New York,
and over all seizures and matters made or done in such waters ; and all
Process. writs or other process or orders issued out of either of said courts, or by
any judge thereof, shall run and be executed in any part of said waters.
Judge to hold Sec. 8. And be it further enacted, That, in case of the inability on
dStrict" when?" account rf sickness of the judge of the district court of the United States
&c. for the southern district of New York, to hold any court therein, it shall

be the duty of the judge of the said eastern district of New York to hold
such court and do and perform all the acts and duties of the judjge of said
- southern district without any additional compensation ; and whenever,
from pressure of public business or other cause, it shall be deemed desira-
ble by the judge of said southern district of New York, that the judge
of said eastern district perform the duties of a judge in said southern
district, an order may be entered to that effect in the records of said dis-
trict court, and thereupon the judge of said eastern district shall be em-
powered to do and perform, without additional compensation, within said
southern district of New York, and in the district court thereof, all the
acts and duties of the district judge thereof.
Apfbovjbi, February 25, 1805.

Feb. 25, 1865. Chap. LV. — An Act supplemental to an Act entitled "An Act to annex a Part of the
1863. cb. 52. j&ate of New Jersey to the Collection District of New York, and to appoint an Assistant
YoLxiLp. 658. Collector to reside at Jersey City? op/proved February twenty-one, eighteen hundred and

Be it enacted hg the Senate and House of Representatives of the United
States of America, in Congress assembled, That the assistant collector

THIRTY-EIGHTH CONGRESS. Sues. TL Co. £% 87, 68. 1865

48$

i it j

itedunder the a<rt entitled "An act to annex a part of the State cf Enrolment and
New Jersey to the collection district of New York, and to appoint an of
assistant collector to reside at Jersey (Sty* approved February twenty- nn^mmihw-
one, eighteen hundred and sixty-three, be, and he hereby is, authorized to Counties,
enrol and license, according to the laws of the United States, all vessels ** ew Jet8 ^*
engaged in the coasting-trade and fisheries, owned in whole or in part by
residents of the counties of Hudson and Bergen, in the State of New
Jersey ; and all such enrolments and licenses shall be as valid and effect*
ual as if the same had been effected in any other port of die United
States ; and the said assistant collector, in the enrolment and licensing of
vessels, shall be subject to the laws of the United States, and liable to all
tfce penalties and responsibilities imposed upon collectors in like cases.
Approved, February 25, 1865*

__ *h

Chap. ItTfL—AnAct to authorize the Corporation qf Geargetoum to levy certain Taxes. . Feb* 25, 1865.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the corporation of George* Corporation o<
town be, and they are hereby, authorized and empowered to levy and col- ^vyf^JS
lect, in the same manner in which other taxes are levied and collected taxes,
in said town, an annual tax, not to exceed in any. year fifteen-hundredths
of one per centum of the assessed value of the taxable property in said
town, to be applied to the payment of the interest and the extinction of
the principal of the debt recently contracted by said corporation in filling
its quota under the several drafts for troops made during the present
war.

Sec* 2. And be it further enacted, That the said corporation are hereby x^ ct ^ rf
further authorized and empowered to levy and collect, in maimer afore- j$sx.
said, a sum sufficient to pay the said town's proportion of the direct' tax 1861, <&. 45,
imposed on the District of Columbia by the act of congress' approved § * . „ ^
August fifth, eighteen hundred and sixty-one, and the cost and expenses p '

of collecting the same.

Approved, February 25, 1865*

Chap. LVII. — An AtfGHtfwrizingttna* requiring ike Opening of Sixth Street West* Feb. 25, 1865.

Be it enactedby die Senate and Mouse of Representatives of the United
States of America in Qongress assembled, That the .corporate authorities Sixth Street
of the city of Washington be, and they are hereby, authorized and re- n a a"to
quired to open Sixth Street west, from the canal to Maine Avenue, nnder^c^ei 1
the direction of the commissioner of public buildings, in accordance
with the plan approved in May, eighteen hundred and twenty-two,* by
James Monroe, then President of the United States: Provided, however,
That Sixth Street through the public grounds known as Armory Square
shall not be opened until after the removal of the army hospital from
such public ground, or until the consent o£ the surgeon-general of the
United States army shall be first had and obtained*

Approved, February 25, 1865. *

Chap. IjVHL ~ An Art in fieferetics to Pr<>s^ Feb. 25, 1865,

Be it enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That in all prosecutions or In libel suits,
indictments for libel instituted, or which may hereafter be instituted, in in the Di*>
the District, of Columbia, the truth thereof may be given in evidence {hf^m^ te
under die general issue as a justification of the alleged libel ; and if it Riven in evi-
appear that the matter charged as libelTljous was true, and was written <* enoe>
or published with good motives and for justifiable ends, the defendant
shall be acquitted*

APFEOVEDj February 25, 1865.

THIRTY-EIGHTH CONGRESS. Ssss. TL Ch. 59, B4 1865.

Feb. 25, 1865. Chap. TJX, — An Act for changing ike Tone fir holding ike Circuit .Courts in the Dis*

trict of Virginia,

Be it enacted by the Senate and House of Representatives of the Unitea
Terms of dr- States of America in Congress assembled, That the circuit courts in the
d&iS^Vi?-* 116 district rf Virginia, heretofore holden at Richmond, shall be held at Nor-
ginia. folk, on the first Monday in May and on the fourth Monday of November

in each year j and all proceedings and process in or issuing out of the
said court which are or may be made returnable to any other times or
places appointed for holding the same than those above specified, shall be
deemed legally returnable on the days and at the place above specified, and
not otherwise j and all suits and other proceedings in said court which
stand .continued to any other time or place than those above specified,
shall be deemed continued to the place and time prescribed by this act,
and no other*
Approved, February 25, 1865.

Feb. 27, 1865. Chap. Lai v. — An Act providing fir a District and a Circuit Court of the United
- ■ States fir the Distrust of Nevada, and fir other Purposes,

Be it enacted by the Senate* and House of Representatives of the United
State of Ke* States of America in Congress assembled, That the State of Nevada
tatea^^" &t"dl hereafter constitute one judicial district, and be called the district
district °f Nevada ; and for said district a district judge, a marshal, and a dis-

Jadge, attor- trict attorney of the United States shall be appointed,
ney, and marshal. g EC# 2 . And be it further enacted, That the said district of Nevada
temh drcuit- 8na ^ 06 attacne< * to an <* constitute a part of the tenth circuit; and a term
Terms of cir- °f ^ e circuit court of the United States for the said district shall be held
cult and district in the city of Carson, in the State of Nevada, on the first Monday of
courts * March, and on the first Monday of August, and on the first Monday of

December of each year ; and a term of the district court of the United
States for the said district shall be held at the said city of Carson on the
first Monday of February, and on the first Monday of May, and on the
first Monday of October of each year*
Jurisdiction of Seo. 8. And be it further enacted. That the district court of the United
district court; States for the district of Nevada, and the judge thereof, shall possess the

same powers and jurisdiction possessed by the other district courts and
district judges of the United States, and shall be governed by the same
laws and regulations,

of circuit court. Seo. 4 And be it further enacted, That the circuit court of the United
States for the said district of Nevada, and the judge thereof, shall possess
the same powers and jurisdiction in said district which are vested in said
court and said judge in the other districts of the tenth circuit.

Pay of district Seo. 5. And be it further enacted, That the district judge appointed
Judge; for the district of Nevada shall receive as his compensation the sum of

thirty-five hundred dollars a year, payable in four equal instalments, on
the first days of January, April, July, and October, of each year.

of district Seo. 6. And be it further enacted, That the marshal and district attor-
■ttoTOey and ne y of the United States for said district of Nevada, and also for the dis-
m * trict of Oregon, shall severally be entitled to charge and receive for the

services they may perform double the fees and compensation allowed by

1853, ch. 80. the act entitled "An act to regulate the fees and costs to be allowed clerks,

Vol. x. p. 161. marshals, anti attorneys of the circuit and district courts of the United
States, and for other purposes," approved February twenty-six, eighteen

Proviso. hundred and fifty-three : Provided, That the aggregate compensation
allowed said officers shall not' exceed the amount provided for such offi-
cers by said act.

Special ses- Seo. 7. And be it further enacted, That the third, fourth, and fifth sec-
oo°u^nNevada. tl<ms ot t° e act °? February nineteenth, eighteen hundred and sixty-four,
1864, ch. 11. entitled "An act amendatory of, and supplementary to, an act to provide
Ante, p. 4. circuit courts for the districts of California and Oregon, and for other pur*

THIETY-EIGHTH CONGRESS. Sflsp. TL Ch. 64, 67. 1865. 441

poses/* approved March third, eighteen hundred and sixty-three, shall be 1863, ch. m
applicable to the appointment of special sessions of the circuit courts in VoL xfi. p. 794.
the district of Nevada, and to the appointment of clerks and deputy clerks Clerks and
of the circuit courts of the districts of Nevada and Oregon ; and that the deputies,
clerk of the circuit court in the districts of Nevada) Oregon, and Califor-
nia shall be also clerk of the district court in said districts, and shall re-
ceive for like services the same fees and compensation which are allowed
by law to the clerks of the circuit and district courts of the United States
for California : Provided That the clerk in each of said districts shall be Provis^Limit
allowed by the Secretary of the Interior to retain of the fees and emolu- g^ 6 * retained,
ments received by him as clerk of both courts, over and above the neces-
sary expenses of his offices and necessary clerk -hire included, to be
audited and allowed by the proper accounting officers of the treasury,
only such sum per annum as is now allowed by law to the clerk of one of
said courts, and shall pay the remainder into the public treasury, under
oath, in the manner and under the regulations now prescribed by law*

Sec* 8. And be it further enacted, That all cases of appeal or writ of Appeals and
error heretofore prosecuted and now pending in the supreme court of the fPTL
United States, upon any record from the supreme court of the Territory S£55 £un of
of Nevada, may be heard and determined by the supreme court of the the United
United States, and the mandate of execution or of further proceedings
shall be directed by the supreme court of the United States to the district
court of the United States for the district of Nevada, or to the supreme
court of the State of Nevada, as the nature of said appeal or writ of error
may require, and each of these courts shall be the successor of the su-

Ereme court' of Nevada Territory as to all such cases, with full power to
ear and determine the same, and to award mesne or final process thereon*
And from all judgments and decrees of the supreme court of the Terri-
tory of Nevada, prior to its admission into the Union as a state, the par-
ties to said judgments and decrees shall have the same right to prosecute
appeals and writs of error to the federal courts as they would have had
under the laws of the United States if this act had been passed simultane-
ously with the act admitting said state into the Union : Provided, That Proviso,
said appeals shall be prosecuted and said writs of errors sued out at any
time before the first day of July, eighteen hundred and sixty-six.

Sbc* 9. And be it farther enacted. That no possessory action between # Possessory ae-
individuals in any of the courts of the United States for the recovery of ^ <ms for m t-
any mining title, or for damages to any such title, shall be affected by the ^titles,
fact that the paramount title to the land on which such mines are, is in
the United States, but each case shall be adjudged by the law of posses-
sion.

Approved, February 27, 1865.

Cha*. LXVII. —An Act to revive certain Provisions of the Act entitled "An Act farther Feb. 28, 1 881
to provide fir die Collection of Duties on Imports and Tonnage," approved Moral three, 1815 ch. H, —
eighteen hundred and fifteen, and fir other Purposes, VoL lit p. 981.

Be it enacted by the Senate and Heme of Representatives of the United
States of America in Congress assembled, That the first sentence of the
second section of the act entitled " An act further to provide for the col-
lection of duties on imports and tonnage," approved March three, eighteen
hundred and fifteen, to wit : * That it shall be lawful for any collector, naval Beasts of Jrar-
officer, -surveyor or inspector of the customs, as well in any adjoining dis- ^'^JJjSS^
trict as that to which he belongs, to stop, search, and examine any carriage smagtfedgoods,
or vehicle of any kind whatsoever, and to stop any person travelling on howmay be
foot or beast of burden on which he shall suspect there are goods, wares, Seated? C ° a "
or mer ch a ndi s e which are subject to duty, or which shall have been intro-
duced into the United States in any manner contrary to law ; and if such
officer shall stop any goods, wares, or merchandise on any such carriage,
vehicle, person travelling on foot or beast of burden, which he shall have

442

THIRTY-EIGHTH OONGBESS. Ssss. TL Ch. 67, 68. 1865

probable cause to believe are subject to duty or have been unlawfully in-
troduced into the United States, he shall seize and secure die same for
trial,*' be, and the same is hereby, revived and reenacted ; and every
such beast of burden, carriage, or vehicle, together with the teams or other
motive power, and all the appurtenances used in conveying such goods,
wares, or merchandise, shall be subject to seizure and forfeiture in like
manner as is by law now provided in regard to such goods, wares, and
merchandise ; and all fines, penalties, and forfeitures recovered under this
act, or in consequence of such seizures, shall be disposed of as is provided
1799, ch. 23, in other cases by the ninety-first section of the act entitled "An act to

* vol l p. ew. f^te the collection ofdQties on imports and tonnage "approved March

second, seventeen hundred and ninety-nine ; and the last proviso of said
Repeal ninety-first section is hereby repealed.

Certain ao- Secu 2. And be it farther enacted. That the power and authority given
to^irc^ex- 60 " *° co ^ ectors » naval officers, and surveyors by the sixty-eighth section of
tended to inspec- the said last-mentioned act be, and the same are hereby, extended to in*
tors of customs, specters of the customs; and any officer or other person entitled to or

Vol i. p. 677, interested in a part or share of any fine, penalty, or forfeiture incurred
estedtn^naTtv un ^ er ^ op ^7 other law of the United States, may be examined as a
may be ST witness in any of the proceedings for the recovery of such fine, penalty,
nesses. or forfeiture by either of the parties thereto, and such examination shall

not deprive such witness of his or her share or interest in such fine, pen-
alty, or forfeiture.

Search of Sec. 8. And be it further enacted, That in case any store, warehouse,
J??^esnear or other building shall be upon or near the boundary line between the
"i£d * ° United States and any foreigncountry, and there is reason to believe that
States. dutiable goods are deposited or have been placed therein or carried

through or into the, same without payment of duties, and in violation of
law, and the collector, deputy collector, naval officer, or surveyor of cus-
toms, shall make oath before any magistrate competent to administer the
same, that he has reason to believe, and does believe, that such offence has
been therein committed, such officer shall have the right to search such
building and the premises belonging thereto; and if any such goods
shall be "found therein, the same, together with such building;, shall be
Forfeiture. seized, forfeited, and disposed of according to law, and the said building
shall be forthwith taken down or removed* And any person or persons,
who shall have received or deposited in such building, or carried through
the same, any goods, as aforesaid, or shall have aided therein, in violation
of law, shall, upon due conviction before any court of competent jurisdic*
tub * 1 ^ fcr flon, be punished by fine not exceeding ten thousand dollars, or by im-
s smuggling* pngonment not exceeding two years, or by both such fine and imprison-
ment.

Penalty for, Sbc. 4 And be it further enacted, That the first section of the act of
increased. April second, eighteen hundred and forty-four, entitled "An act directing
y^L^^hlij ***e d^pos'tfon of certain unclaimed goods, wares, or merchandise, seized
for being illegally imported into the United States,** be so amended that in
place of the word/* one/' wherever the same may be found in said section,
the word u five " shall be inserted*
Approved, February 28, 1865.

Feb. 28, 1865. Chap. I*2t.ViU. — An Act making Appropriations fir th&Construction, Preservation, and

* Repairs of certain Fortifications and other Works of Defence, fir the Year ending the

thirtieth of June, eighteen hundred and sixty-six.

Be it enacted by tike Senate and House of Representatives of the United
Appropriations States of America in Congress assembled, That the following sums be, and
^fortifications, foey are hereby, appropriated, out of any money in the treasury not

otherwise appropriated, for the construction, preservation, and repairs of
certain fortifications and other works of defence for the year ending the
thirtieth of June, eighteen hundred and sixty-six:

THIRTY-EIGHTH CONGRESS. Sess. JL Ch. 6U 1865.

44$

For Fort Wayne, near Detroit, Michigan, seventy-five thousand dollars. Fort Wayne.

For repairs of Fort Niagara, near Youngsiown, New York, twenty-five port Niagara,
thousand dollars.

For Fort Ontario, Oswego, New York, fifty thousand dollars. Port Ontario.

For Fort Montgomery, at outlet of Lake Champlain, New York, fifty Fort Mont-
thousand dollars. *> m *V'

For Fort Knox, at narrows of Penobscot Eiver, Maine, seventy-five Fort Knox,
thousand dollars.

For Fort Popham, Kennebec River, Maine, seventy-five thousand dot* Fort Popham.
lars.

For Fort Preble, Portland, Maine, seventy-Bye thousand dollars. Fort Preble*

For Fort Scammel, Portland, Maine, fifty thousand dollars. Fort ScamraeL

For Fort Georges, on Hog Island Ledge, Portland, Maine, seventy-five Fort Georges,
thousand dollars.

For Fort Constitution, Portsmouth, Now Hampshire, twenty-five thou- Fort Constfto-

sand dollars. flon *

For Fort McOary, Portsmouth, New Hampshire, fifty thousand dol- Fort McOary.
lars.

For Fort Winthrop, Boston, Massachusetts, ten thousand dollars. Fort Winthrop.

For Fort Independence, Boston, Massachusetts, five thousand dollars. de „^ Indepe0 "

For Fort Warren, Boston, Massachusetts, ten -thousand dollars. Fort Warren.

For sea-wall of Great Brewster's Island, Boston harbor, Massachu- Great Brew-
setts, twenty thousand dollars.

For repair of sea-walls on Deer and on LovelPs Islands, Boston har- peer and Lov-

bor, Massachusetts, three thousand dollars. 8 l8laild8 *

For permanent forts at New Bedford harbor, Massachusetts, fifty thou- Forte at New

sand dollars. ' Bedford harbor.

For Fort Adams, Newport, Rhode Island, fifty thousand dollars. Fort Adams.

For Fort Hale, New Haven, Connecticut, fifty thousand dollars. Fort Hale.

For Fort Schuyler, East River, New York, twenty-five thousand dol- Fort Schuyler*
lars.

For fort at Willet's Point, opposite Fort Schuyler, New York, fifty , Fort at W3-
thousand dollars. Iet 8 pomt *

For repairs of Fort Hamilton, New York, twenty-five thousand dollars. Fort Hamilton*

For fort on site of Fort Tompkins, Staten Island, New York, fifty thou- a Fort Tomp-
sand dollars. ^ aSm

For fort at Sandy Hook, New Jersey, fifty thousand dollars.* 84 s<mdy

For repairs of Fort Mifilin, near Philadelphia, twenty thousand dollars. Fort Mifflin.

For repairs of Fort Washington, on Potomac River, twenty-five thou- Fort Washing*
sand dollars. t0D -

For Fort Monroe, Hampton Roads, Virginia, twenty-fire thousand dol- Fort Monroe,
lars.

For Fort Clinch, Florida, fifty thousand dollars. Fort Clinch.

For Fort Taylor, Key West, Florida, two hundred thousand dollars. Fort Taylor.
For Fort Jefferson, Garden Key, Florida, one hundred thousand dol- Fort Jefferson,
lars.

For fort on Ship Island, coast of Mississippi, fifty thousand dollars. fcla^ * Shlp

For fort at Fort Point, ' San Francisco Bay, California, one hundred Fort at Fort
and fifty thousand dollars. Point.

For fort at Alcatraz Island, San Francisco Bay, California, one hun- Fort at Alca-
dred and fifty thousand dollars. Island »

For additional defences at San Francisco, California, fifty thousand dol- sa^Fr^d^o.

^ Hrs# Defences of

For defences of Washington, three hundred thousand dollars. Washington.

For field works and field operations, one million dollars. *, Field work8 »

For bridge trains and equipage for armies in the field, three hundred Bridge trains,
thousand dollars. &c

For tool and siege trains for armies in the fiejd, five hundred thousand Tool and siege
dollars. train3 '

AAA

THIRTY-EIGHTH CONGRESS. Sess. It {Jh. 69, 70, 71. 1865

Surveys for For surveys for military defences, for purchase of campaign maps, three
miHtary defences, hundred thousand dollars-

Surrey oflafees. For survey of northern and northwestern lakes, including Lake Supe-
rior, one hundred and twenty-five thousand dollars.
Engraving and For engraving and printing charts of lake surveys, fifteen thousand
prtmng lake 8ur- dollars.

Instruments. For purchase and repair of instruments, twenty thousand dollars.
Fort Porter. For repairing, equipping, and enlarging Fort Porter, at Buffalo, fifty
thousand dollars.
Affbovbd, February 28, 1865.

Feb- 28, 1865.

Enrolment and
license of vessels
in western rivers,
&c, where may
be made*

Bond, &c
Proceedings*

Proviso*

Chap. T#XTX. —An Act relating to the Enrolment and License of certain Vessels.

Be it enacted by ike Senate and House of Representatives of ike United
States of America in Congress assembled, That whenever it shall become
necessary' for the owner or owners of any vessel of the United States
navigating the western rivers and the waters on the northern, northeastern,
and northwestern frontiers of the United States otherwise than by sea, and
being jn a district other than that to which such vessel shall belong, to pro-
cure her enrolment and license, or license, or renewal thereof, the same
proceedings may be had in the district in which said vessel then shall be,
as are now, or shall then be required by law, on application for such en-
rolment and license, or license, or renewal thereof, as the case may be, in
the district to which such vessel may belong, excepting the giving of bond
and the enrolment and issuance of license ; and the officer before whom
such proceedings shall be had shall certify the same to the collector of the
district to which such vessel shall belong, who shall thereupon, on the said
owner or owners giving bond as required in other eases, duly enrol the
said vessel and issue license in the same form as if the application had
originally been made in his office ; and either deliver the said license to
said owner or owners, or forward it by mail to the officer who certified to
him the preliminary proceedings, and who shall, in such case, deliver the
gold license to the owner or owners or master of the vessel ; Provided,
That this act shall not be construed so as in any respect to change exist-
ing laws, excepting in so far as it enable such 6wners to procure enrolment
or license, or renewal thereof, without returning their vessels to their home
ports or districts. ,

Approved', February 28, 1865*

1864, eh. 88.
Ante, p

Feb. 28, 1866. Chap. LXX. — An Act to amend an Act entitled "An Act to regulate the Admeasurement

of Tonnage of Skips and Vessels of the United States/* approved May sixth, eighteen
hundred and sixtyfiw.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the act entitled "An act
to regulate the admeasurement of tonnage of ships and vessels of the
United States" approved May sixth, eighteen hundred and sixty-four,
shall be so construed that no part of any ship or vessel shall be admeas-
ured or registered for tonnage that is used for cabins or state-rooms, and
constructed entirely above the first deck, which is not a deck to the hulL
Appbovbd, February 28, 1865.

Cabins, &c*,
above deck not
to be measured
for tonnage

Feb. 28, 1865. Chap.

— An Act concerning the CoUection District of Salem and Beverhf, in Mas*

sachusetts.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the office of naval officer
for the district of Salem and Beverly, in the State of Jfassachusetts, be,
and the same is hereby, abolished.
Surveyor, red- See. 2. And be it further enacted, That the office of surveyor for said
dence. district, to reside at Beverly, be, and the same is hereby, abolished.

Naval officer
at Salem and
Beverly, Hassu

THmTY-EIGHTH CONGRESS. Ssa$» TL 72,78* 1865. 445

Sscl 8. And he & further enacted* That the salary of surveyor of said Salary,
district shall hereafter be four hundred dollars $e* annum.
Appbovbd, February 28, 1865.

ct granting to the Michigan City Harbor Compenyihe U&iof Gov- Feb. 28, 186&*
a Harbor for the purpose of protecting said ISarbor* - — —

A & enacted by the" Senate and Mouse of Bepresentatives of the United
States of America in Congress assembled, That there is hereby granted to Use of eerfe&i
the Michigan City Harbor, Company, at Michigan City, in the State of l*-??-** 8 *^^
Indiana, the privilege of using the foundations of the old government Hart^Oon^
piers now in said harbor, for the purpose of improving and protecting the paay
said harbor, ami no expenses made by the said harbor 'company for, this
purpose shall be considered a charge against the government

SfiCU 2. And be it further enacted, That Michigan (5ty» in the State Michigan City
of Indiana, is hereby constituted a port of delivery, subjeot to the same ^irorv^and^-
regulations and restrictions as other ports of delivery of the United States, nexed to Ctficaga
and die said port of delivery is hereby annexed to, and made part' of, the district
collection district of Chicago, in the State of Illinois. And there shall be
appointed a surveyor of the customs, to reside at said poi% who shall re- Surveyor
ceive an annual compensation of three hundred and fifty dollars per
annum.

Approved, February 28, 1865*

_ _ _ . 4

Cbjlb, LXiLlIL — An Act making Appropriations Jot the legislative, executive, andhuK* March 2, 1885*

cial Expenses of the Government fir the Xear ending June thirtieth, eighteen hundred and — — — —
sixtysix, and additional Appropriations Jot the current fiscal Year*

Be U enacted by the Senate and Mouse of Representatives of the , United
States of America in Congress assembled. That the following Sums be, Logfetatfre,
and the «ame are hereby, appropriated, out of any money in the treasury executive, and
not otherwise appropriated, for the objects hereinafter expressed, for the appro ~
fiscal year ending the thirtieth-of June, eighteen hundred and sixty-six, pr ^ 0tt "
namely:

.Legislative. — For compensation and mileage of senators, two hundred Legislative,
and forty-seven thousand four hundred and thirty dollars. Pay and mfle-

For compensation of the officers, clerks, messengers, and others receiv- *ge of senators,
ing an annual salary in the service of the Senate, viz : secretary of the clerks.
Senate, three thousand six hundred dollars ; officer charged with disburse*
ments of the Senate, four hundred and eighty dollars ; chief clerk, two
thousand five hundred dollars; principal clerk and principal executive
clerk in the office of the secretary of the Senate, at two thousand one
hundred and sixty dollars each ; eight clerks in office of the secretary of
the Senate, at one thousand eight hundred and fifty dollars' each ; keeper
.of the stationery, one thousand seven hundred and fifty-two dollars ; two
messengers, at one thousand and eighty dollars each ; one page, at five
hundred dollars ; sergeant-at-arms and doorkeeper, two thousand dollars ;
assistant doorkeeper, one thousand seven hundred dollars ; postmaster to
the Senate, one thousand seven hundred and fifty dollars ; assistant post*
master and mail-carrier, one thousand four hundred and forty dollars ; two
mai!-boyB» at one thousand dollars each ; superintendent of the document
room, one thousand five hundred dollars ; two assistants in document room,
at one thousand two hundred dollars each ; superintendent of the folding-
room, one thousand five hundred dollars ; two messengers, acting as assist-
ant doorkeepers, at one thousand five hundred dollars- each; seventeen
messengers, at one thousand two hundred dollars each; cleric or secretary
to the president of the Senate, one tjaeusand seven hundred and fifty-two
dollars; clerk to the committee on finance, one thousand eight hundred
and fifty dollars ; clerk to the committee on claims, one thousand eight
hundred and fifty dollars ; clerk of printing records, one thousand eight
hundred and fifty dollars ; superintendent in charge of the furnkftes^one

vol. xra. Pub. — 88

r

446

tfHlRTY-EIGHTH CONGRESS. Sb&s. TL Ch. 78. 1865

Senate. thousand two hundred dollars ; assistant in charge of furnaces, seven hun-
dred and twenty dollars ; laborer in charge of private passages, seven htm"
dred and twenty dollars ; two laborers, at five hundred and seventy-six
dollars each ; cliaplain to the Senate, seven hundred and fifty dollars ; mak-
ing seventy-nine thousand six hundred and forty-six dollars.
expeW For contingent expenses of the Senate, viz : *

Stationery* For stationery, seventeen thousand dollars.

Newspaper* For newspapers, three thousand dollars.

Congressional For Congressional Globe, thirty-five thousand dollars.
Globe. for reporting proceedings in the Daily Globe for the first session of

the thirty-ninth congress, twenty thousand dollars.

Globe and For paying the publishers of the Congressional Globe and Appendix,
Appendix. according to the number of copies taken, one cent for every five pages

exceeding three thousand, inducting the indexes and the laws of the United
States, twelve thousand nine hundred dollars.

Sets to new For one complete set of the Congressional Globe and Appendix for
8enatoir& * each senator in the thirty-ninth congress who has not already received

them, six thousand eight hundred dollars : Provided, however, That any
senator who has already as a member of the House of Representatives
received a portion of a set of the Congressional Globe, shall only be en-
titled to receive as such senator the additional volumes required to complete
one full set

Additional For the usual additional compensation to the reporters of the Senate for
™£S ati ° D to the Congressional Globe for reporting the proceedings of the Senate for

the first regular session of the thirty-ninth congress, eight hundred dol-
lars each, four thousand dollars.
Clerks to com- For clerks to committees, pages, horses, and carryalls, eighteen thousand
mittees, &c .dollars.

Capitol police. For capitol police, nineteen thousand one hundred and seventy dol-
lars.

Heating and ' For expenses of heating and ventilating apparatus, sixteen thousand

ventilating. dollars.

Miscellaneous. For miscellaneous items, thirty thousand dollars.
Pay and mile- For compensation and mileage of members of the House of Rep-
a^e of represent xesentatives and delegates from territories, three hundred thousand

officers, clerks, For compensation of the officers, clerks, messengers, and others receiv-
ing an annual salary in the service of the House of Representatives, viz :
clerk of the House of Representatives, three thousand six hundred dol-
lars ; , chief clerk and one assistant clerk, at two thousand one hundred
and sixty dollars each ; eleven clerks, at one thousand eight hundred dol-
lars each ; principal messenger in the office, at four dollars and eighty
cents per day, one thousand seven hundred and fifty-two dollars ; three .
messengers, at one thousand two hundred dollars each ; messenger to the
speaker, at four dollars and eighty cents per day, one thousand seven
hundred and fifty-two dollars ; clerk to the committee of ways and means,
two thousand one hundred and sixty dollars ; clerk to the committee of
claims, one thousand eight hundred dollars ; clerk td committee on public
lands, one thousand eight hundred dollars ; sergeanNat-anns, two thousand
one hundred and sixty dollars ; clerk to the sergeant-at-arms, one thou-
sand eight hundred dollars ; messenger to the sergeant-at-arms, one thou-
sand two hundred dollars ; postmaster, two thousand one hundred and
sixty dollars ; assistant postmaster, one thousand seven hundred and forty
dollars ; four messengers, at s one thousand four hundred and forty dollars
each $ two mail-boys, at nine hundred dollars each ; capitol police, nine-
teen thousand one hundred and seventy dollars ; doorkeeper, two thousand
one hundred and sixty dollars ; superintendent of the folding-room, one
thousand eight hundred dollars; two messengers, at one thousand seven
hundred and fifty-two dollars each ; one messenger, at one thousand seven

*

THIRTY-EIGHTH CONGRESS. Sess. H. Co. 73. 1865.

447

Contingent ex-
penses of House.
Cartage.

Congressional

hundred and forty dollars ; five messengers, at one thousand five hundred
dollars each ; six messengers, at one thousand two hundred dollars each ;
twelve messengers, to be employed during the session of congress, at the
rate of one thousand two hundred dollars each per annum $ chaplain to
the House of Representatives, seven hundred and fifty dollars ; making
one* hundred and nine thousand four hundred and twenty-eight dollars. *
For contingent expenses of the House of Representatives, viz :
For cartage, two thousand dollars.

For twenty-four copies of the Congressional Globe and Appendix for
each member and delegate of the first regular session of the thirty-ninth Glo ^?f ud Ap ~
congress, and one hundred copies of the same for the House Mbrary, pen
twenty-nine thousand four hundred dollars.

For the compensation of clerks to committees, and temporary clerks in # Clerks to com-
the office of the clerk of the House of Representatives, eighteen thou- ^n^r^erls!
sand five hundred and seventy-six dollars.'

For paying the publishers, of the Congressional Globe and Appendix, GIobe ^
according to the number of copies taken, one cent for every five pages Appendix,
exceeding three thousand, including the indexes and the laws of the United
States, ten thousand nine hundred dollars.

For one complete set of the Congressional Globe and Appendix for getg to new
each representative and delegate in the first session of the thirty-ninth members,
congress, who has not already received the same, twenty-three thousand
dollars.

For folding documents, including materials, thirty thousand dollars.

For fuel and lights, pay of engineers, firemen, and laborers, repairs,
and materials, fifteen thousand dollars.

"For furniture, repairs, and packing-boxes for members, ten thousand
dollars.

For horses, carriages, and saddle-horses, nine thousand dollars.
For laborers, eight thousand four hundred dollars.
For miscellaneous items, thirty thousand dollars. •
For newspapers, one thousand dollars.

For pages and temporary mail-boys, ten thousand and eighty dollars. . ...

For reporting and publishing proceedings in the Daily Globe, at seven Reporting, ©mu,
dollars and fifty cents per column, twenty thousand dollars. In Daily Globe.

For stationery, twelve thousand dollars. Stationery.

For the usual additional compensation to the reporters of the House Additional pay
for the Congressional Globe, for reporting the proceedings of the House to reporters,
for the first regular session of the thirty-ninth congress, eight hundred
dollars each, four thousand eight hundred dollars.

For completing the tiling of the floor of the old hall of representatives, Tiling of floor
under the same authority that the work has already been done, three* of oW House,
thousand eight hundred and seventy-five dollars.

Public Jointing. — For compensation of the superintendent of the Public printing,
public printing, and the clerks and messenger in his office, nine thousand Pay of super-
seven hundred and fourteen dollars. intendent, &c.

For contingent expenses of his office, viz : For stationery, postage, ad* Contingencies,
vertising, furniture, travelling expenses, horses and wagons, and miscella-
neous items, two thousand dollars.

For addition to the public printing-office and the necessary presses, Additions to
inachinery, and fixtures, sixty-one thousand dollars ; so much thereof to Ffofrtg-office.
be expended under the direction of the Secretary of the Interior as may
be necessary for the erection of said addition.

For the public printing three hundred % and thirty-nine thousand four Public print*
hundred and sixty-five dollars and fifty cents.

For paper for the publje printing, six hundred and twenty-nine thou- Paper for
sand and forty dollars. printing.

For the public binding, three hundred and seventy-three thousand seven Binding,
hundred and ten dollars and twenty-foar cents.

Folding.
' Fuel, lights,

. Furniture, &c.

Horses, car*
flages, &c

Laborers*

Miscellaneous.
Newspapers.
Pages, &c

448

THIRTY-EIGHTS CONGRESS. Sbss. IX Co* 78. 1865.

Happing. For mapping in cases pending in the supreme court of the United

States, five thousand dollars.
Lithographing For lithographing and engraving for the Senate and House of Bepre*
and engraving, gentatives, seventy-five thousand dollars*

Library of Library of Congress* — For compensation of librarian, three assistant
congress. librarians, messenger, and laborers, ten thousand eight hundred dollars.

For contingent expenses of said library, two thousand dollars.
Books. For purchase of books for said library, eight thousand dollars.

Law books. For purchase of law books for said library, two thousand dollars*
Enlargement For an enlargement of the library of congress, so as to include in two
of library build* wings, built fire-proof, the space at either end of the present library, meas-
g * uring about eighty feet in length by thirty feet in width, in accordance with

a plan to be approved by the committee on the library, one hundred and
sixty thousand dollars, to be expended under the direction of the Secre-
tary of the Interior.

Court of Court of Claims. — For salaries of five judges of the court of claims,

claims. the solicitor, assistant solicitor, deputy solicitor, clerk and assistant clerk,

bailiff, and messenger thereof, thirty-six thousand three hundred dollars.

For stationery, books, fuel, lights, laborers 9 hire, and other contingent
and miscellaneous expenses, three thousand dollars.
Attorneys. For compensation of attorneys to attend to taking testimony, witnesses,

and commissioners, one thousand dollars.
Executive. Executive. — For compensation of the President of the United States,
President and twenty-five thousand dollars.
Vice-President For ^^^^ Vice-President of the United States, eight

thousand dollars.

Secretary, &c* For compensation of secretary to sign patents for public lands, one
thousand five hundred dollars.

For compensation to the private secretary, steward, and messenger of
the President of the United States, four thousand six hundred dollars.
Contingent For contingent expenses of the executive office, including stationery
expenses. therefor, two thousand dollars.

State Depart- Department of State. — For compensation of .the Secretary of State and
ment. assistant secretary of state, chief clerk, superintendent of statistics, clerks,

tary a ^ 8eCre " messenger, assistant messenger, and laborers in his office, fifty-eight
^ • thousand eight hundred and eighty dollars.

Contingent ^or the incidental and contingent Expense* of iheJkpartmeni of State.
expenses. For' publishing the laws in pamphlet form and in newspapers of the states
p Ainpblet an <j territories, and in the city of Washington, seventeen thousand one
laws, &c hundred and twenty-five dollars.
Proof-reading, For proof-reading and packing the laws and documents for the various
legations and consulates, including boxes and transportation of the same,
three thousand five hundred dollars.
Stationery, &c For stationery, blank books, binding, furniture, fixtures, and repairs,
five thousand dollars.
For miscellaneous items, two thousand five hundred dollars.
printFJ^oW* F° r copper-plate printing, books, and maps, five thousand dollars*
Extra'clerk- For extra clerk-hire and copying, ten thousand dollars*

For compensation of four watchmen and two laborers of the northeast
^^bSndw execut * ve building, four thousand three hundred and twenty dollars,
ecu ve uiKHttg. contingent N expenses of said building, via: for fuel, light, repairs,

and miscellaneous expenses, five thousand five hundred dollars.
Capitalization For the payment of the first annual instalment of the proportion con*
of Scheldt dues. tHbuted by the United States toward the capitalization of the Scheldt

dues, — to fulfil the stipulations contained, in the fourth article of the eon*
>ost: treaties, vention between the United States and Belgium, of the twentieth of May,
P* 649. eighteen hundred and sixty-three, the sum of fifty-five thousand five hun-

dred and eighty-four dollars, in coin, and such further sum as may be
necessary to carry out the stipulation of the convention providing for the

THIRTY-EIGHTH CONGRESS. Sess. H. Ch. 78* 1865.

449.

payment of interest on the said sum and on Hie portion of the principal
remaining unpaid.

Treawry Department — For compensation of the Secretary of die Treasury De-
Treasury, two assistant secretaries of the treasury, chief clerk, supervising * a * me *£'
architect and assistant architect, clerks, messengers, assistant messenger, taiyLdass^
and laborers, one hundred and eighteen thousand nine hundred and twenty ants,
dollars.

For compensation of the first comptroller, chief clerk, and the clerks, 1st comptroller,
messenger, and laborers in his office, forty-three thousand se v en hundred
and forty dollars.

For compensation of the second comptroller, chief clerk, and the ad comptroller*
clerks, messenger, assistant messenger, and laborer in his office, including
three clerks of class four, thrde clerks' of class three, three clerks of class
two, three clerks of class one, twelve clerks at an annual salary of seven
hundred and twenty dollars each, and one laborer at an annual salary of Additional
seven hundred and twenty dollars, who are hereby authorized to be ap- clerks authorized
pointed, one hundred and thirty-four thousand nine hundred and twenty
dollars.

For compensation of the first auditor, chief clerk, and the clerks, mes- let auditor,
senger, assistant messenger, and laborer in his office, forty-eight thousand
three hundred and sixty dollars.

For compensation oJF the second auditor, chief clerk, and the clerks, 3d auditor,
messenger, assistant messengers, and laborers in his office, including three
clerks of class four, twenty clerks of class three, forty clerks of class two, ^wks^Tlabor-
seventy of class one, one assistant messenger *at eight hundred and forty en authorized,
dollars per annum, and three laborers at seven hundred and twenty dollars
per annum, each, who are hereby authorized to be appointed, five hundred
and eighteen thousand seven hundred and twenty dollars.

For compensation of the third auditor, chief clerk, and the clerks, 3d auditor,
messengers, assistant messengers, and laborers in his office, including five Additional
clerks of class four, fifteen clerks of class three, thirty clerks of class two, ^^^ c, » &Ur
and fifty clerks of class one, who are hereby authorized to be appointed,
three hundred and eighty-four thousand two hundred and eighty dollars.

For compensation of the fourth auditor, chief clerk, and the clerks, 4th auditor*
messenger, and assistant messenger, and laborer in his office, one hundred
and ten thousand nine hundred and sixty dollars.

For compensation of the fifth auditor, chief clerk, and the clerks, 6th auditor,
messenger, and laborer in his office, forty-eight thousand eight hundred
and forty dollars.

For compensation of the auditor of the treasury for the Post-Office _^^or^
Department, and the clerks, messenger, assistant messenger, and laborers JjJ^ epu ^
in his office, one hundred and ninety-three thousand one hundred and sixty
dollars.

For ^compensation of the treasurer of the United States, assistant Treasurer,
treasurer, cashier, assistant cashier, chiefs of division, bookkeepers, tell-
ers, assistant tellers, chief clerk, and the clerks, messenger, assistant mes-
sengers, and laborers in his office, one hundred and sixty-nine thousand
three hundred and eighty dollars.

For compensation of the register of the treasury, assistant register, Begfcter.
chief clerk, and the clerks, messengers, assistant messenger, and laborers
in his office, ninety-one thousand five hundred and twenty dollars.

For compensation of the solicitor of the treasury, chief clerk, and the Solicitor,
clerks and messenger in his office, eighteen thousand five hundred dollars.

For compensation of the commissioner of customs, chief clerk, and the Commissioner
clerks, messenger, and laborer in his office, forty thousand nine hundred of customs,
and twenty dollars. '
For compensation of the chief clerk, clerks, messenger, and laborer of ^Mj^kouse

the UghVhouse board, nine thousand five hundred and twenty dollars.
For compensation of the comptroller of tike currency, deputy comp-

88*

450 THIETY-EIGHTH CQNQSBS&. S»ss. IL Ca* 73- 1865.

*

Comptroller of troller, clerks, messenger* and laborer sixty-four fh™ 1 **^ nine hundred
the currency, and forty dollars.

Contingent Contingent Expense* of ike Treasury Department*— ~
Tr£!a^0e- In the office of the Secretary of the Treasury :

partment; For^copyingy labor, bindings sealing ships' registers, translating foreign

in office of the languages, advertisings and extra clerk-hire for preparing and collecting
information to be laid before congress, and for miscellaneous items, fifty
thousand dollars*

Pay of tem- For compensation to temporary clerks in the Treasury Department,
porary clerks, and for additional compensation to clerks in same department: Provided,
d^Sed,&c! be ^h&t the temporary clerks herein provided for may be classified according

to the character of their services; And provided further^ That the Seore-
Additional pay tary of the Treasury may award such additional compensation to clerks
grior to July 1, as i Q his judgment may be deemed just and may be required by the pub-
lic service, two hundred and fifty thousand dollars ; but the said secretary
shall not have the authority to award any such additional compensation
to such clerks after the first day of July, eighteen hundred and sixty-six*
Contingent ex- In the office of the first comptroller :

Sst^^oler^ For ^ trniture > P u Mi c documents, state and territorial statutes, postage,
p ' and miscellaneous items, one thousand dollars,
of 2d comptrol- In the office of the second comptroller :

For furniture and miscellaneous items, including subscription to one
city newspaper, to be bound and preserved for the use of the office, four
thousand dollars,
of 1st auditor; In the office of the first auditor:

For office furniture and miscellaneous items, one thousand five hundred
dollars*

of 2d auditor; I* the office of the second auditor :

For office furniture and miscellaneous items, including two of the city
newspapers, to be filed and preserved for the use of the office, twenty-five
thousand dollars*
of 3d auditor; In the office of the third auditor :

For office furniture, carpeting, two newspapers, preserving files and
papers, bounty-land service, and miscellaneous items, fifteen thousand dol-
lars.

of 4th auditor; In the office of die fourth auditor :

For contingent expenses of the office, three thousand dollars*
of 5th auditor; In the office of the fifth auditor:

For postage, furniture, and miscellaneous expenses, in which are in-
cluded two dally newspapers, two thousand dollars,
of treasurer; In the office of the .treasurer:

For contingent expenses of the office, ten thousand dollars*
of register} la the office of the register:

For arranging and binding cancelled marine papers, cases for official
papers and records, and miscellaneous hems, including office furniture,
eight thousand dollars,
of solicitor; Office of the solicitor of the treasury :

For labor and miscellaneous items, and for statutes and reports, two
thousand two hundred dollars*
of oommte- Office of the commissioner of customs :

sioner of customs; For miscellaneous items and office fumiture,-three thousand dollars*

of comptroller 'Office of the comptroller of the currency:

of currency. For furniture and miscellaneous items, five thousand dollars*
Furniture. For stationery for the Treasury Department and its several bureaus,
Stationery. QQe hundred thousand dollars*

Southeast ex- For the general purposes of the Southeast Executive Building, includ*
ecutive building* ing the extension* «*— For compensation of twelve watchmen and eleven

laborers of the southeast executive building, sixteen thousand five hun-
dred and sixty dollars*

THIRTY-EIGHTH CONG&ES& S&ss. JL Ck 78* 1865. 451

For contingent expenses of said building, vis?: for fuel, "fight, labor, and
miscellaneous items, seventy-five thousand dollars.

Department of the Interior. — For compensation of die Secretary of the Department ol
Interior, assistant secretary, chief clerk, and the clerks, messenger, assist- r™"^.
ant messengers, watchmen, and laborers in his office, forty-eight thousand ta^&c.; 8 ** 10 "
one hundred and sixty dollars.

For compensation of the commissioner of the general land-office, chief of commfe-
clerk, recorder, draughtsman, assistant draughtsman, clerks, messengers, Jl^^ffice^ 11
assistant messengers, packers, watchmen, and laborers in his office, one '
hundred and seventy-eight thousand two hundred dollars*

For compensation of additional clerks in the general land-office, under of additional
the act of third March, one thousand eight hundred and fifty-five, grant- ' 0101 * 8 ?
ing bounty land, and for laborers employed therein, fifty-eight thousand ^'^.^oi.
six hundred and forty dollars : Provided, That the Secretary of the Into- p ro vfao.
rior, at his discretion, shall be, and he is hereby, authorized to use any
portion of said appropriation for piece-work, or by the day, week, month,
or year, at such rate or rates as he may deem just and fair, net exceeding
a salary of twelve hundred dollars per annum*

For compensation of the commissioner of Inchan afiairs, chief clerk, and <*
% the clerks, messenger, assistant messenger, watchmen, and laborer in his
office, thirty-two thousand six hundred dollars. '

For compensation of the commissioner of pensions, chief elerk, and the . of oomnuV
clerks, messengers assistant messengers, watchman, and laborers in his ^onsj *
office, two hundred and sixteen thousand nine hundred and twenty dollars.

For additional clerks in the pension office, twenty-one thousand dollars : additional
Provided, That the Secretary of the Interior, at his discretion, shall be, c ^**.
and is hereby, authorized to use any portion of said appropriation for %
piece-work, or by the day, week, month, or year, at such rate or rates as
he may deem just and fair, not exceeding a salary of twelve hundred dol-
lars *per annum*

For compensation of the commissioner of public buildings, and ^-f^^ 311 ?^!^
clerk and messenger in Ins office, four thousand two hundred dollars. * imn^y

Contingent Jityemes^ Department of the Interior. — contingent ex-

Office of the Secretary of the Interior : y peases.

F6r stationery, furniture, and other contingencies, and for books and ^J?®** Secre "
maps for the library, seven thousand dollars. . ^*

For repairs of the patenfroffice building, twelve thousand five hundred Patent office,
dollars*

For, expenses of packing and distributing congressional journals -and Distributing
documents, in pursuance of the provisions contained in the joint resolu- documents,
tion of congress, approved twenty4ighth January, eighteen hundred -and J^r **L*J!*®~
fifty-seven, and act fifth February, eighteen hundred and .fifty-nine, six v^£tp%&
thousand dollars.

For* fuel and lights for the patentnrfftce balding, Including the salaries Fuel ftn4"gfrfo
of engineer and assistant engineer of the furnaces* eighteen thousand dot
lars.

.Office of Indian Afiairs: > Office of Iji-

For blank books, binding, stationery, and miscellaneous items, including **** ;
two of the daily city newspapers, to be filed, bound, and preserved for die
use of the office, four thousand dollars

* Office of the Commissioner of Pensions: * . - of commie*
For stationery, engraving, a£d retouching plates for bounty ladd war-
rants, and binding -the same, office furniture, and repairing the same, and 5
miscellaneous items, including two city daily newspapers, to be filed, bound,
and preserved for the use of the office, fifteen thousand dollars*

* Office' of the Commissioner of Public Buildings : of commfe-

For stationery^ blank books, plans, drawings, and other contingent ex* &22L°* l«fcBo
penses of his, office, five hundred dollars. . boatings.
Surveyon- General and their Clerk*. — For compensation of the sur-

45*

THIRTY-EIGHTH CONGRESS. Snss. IL Ce. 78. 186&

Recorder of
land-titles in
Missouri.'

Translator.

Snrayors-gen- veyor-general of Wisconsin and Iowa, and the derks in his office, eight
etala^thair thousand three hundred dollars.

< * er **' For compensation of the surveyor general of Minnesota, and the clerks

in his office, eight thousand three hundred dollars.

•For compensation of the surveyor-general of the Territories of Dakota
and Montana, and the clerks in his office, eight thousand three hundred
dollars.

For compensation of the surveyor-general of Kansas and Nebraska, and
the clerks in his office, eight thousand three hundred dollars.

For compensation of the surveyor-general of the Territories of Colorado,
Utah and Idaho, and the clerks in his office, seven thousand dollars.

For compensation of die surveyor-general of New Mexico and Arizona,
and the derks in his office, seven 'thousand dollars.

For compensation of the surveyor-general of California and Nevada,
and the clerks in his office, fourteen thousand dollars.

For compensation of die surveyor-general of Oregon, and the clerks in
Ms office, six thousand five hundred dollars..

For compensation of, the surveyoivgeneral of Washington Territory,
and the clerics in his office, six thousand five hundred dollars.
• For compensation of die clerks in the offices of the surveyors-general,
to be apportioned to them according to the exigencies of the public ser-
vice, and to be employed in transcribing field-notes of surveys, for the
purpose of preserving them at the seat of government, ten thousand dol-
lars.

For compensation of recorder of land-titles in Missouri, five hundred
dollars.

For, compensation of translator in the office of surveyor-general- of New

and Arizona, two thousand dollars.
For rent of surveyor-general's office in Oregon, fuel, books, stationery,
and other incidental expenses, including pay of messenger, seven hundred
dollars.

For rent of the surveyor-general's office, id California, fuel, books, sta-
tionery, and other incidental expenses, including pay of messenger, six
thousand dollars.

For office-rent for the surveyor-general of Washington Territory, fuel,
bopks, stationery, and other incidental expenses, one thousand dollars*

For office-rent of the surveyor-general of Kansas and Nebraska, fuel,
and incidental expenses, one thousand five hundred dollars.

For rent of surveyor-general's office in the Territory of Dakota, fuel,
books, stationery, and other incidental expenses, six hundred dollars.

For rent of office for the surveyor-general of Colorado, Utah, Nevada,
and Idaho Territories, fuel, books, stationery, and other incidental ex-
penses, one thousand dollars. *

For the pay of the wages of one clerk in the consolidated land-office at
Des Moines, Iowa, one thousand dollars. *

[Expenses of Courts of the Untied States,'] — For defraying the expenses
of the supreme court and district courts of the United States, including
the District of Columbia, and also for jurors and witnesses, in aid of fundi ,
arising from fines, penalties, and forfeitures, in the fiscal year ending June
thirtieth, eighteen hundred and sixty-five, and previous years, and like-
wise for defraying the expenses of suite in which the United States are
concerned* and of prosecutions for offences commit ed against the United
States, and for the safe-keeping of prisoners, seven hundred thousand dol-
lars, and the unexpended balances of appropriations for the judiciary fund
shall, return into the treasury.

War Department. — For compensation of the Secretary of War, assist-
ant secretaries of war, solicitor, chief clerk," and the clerks, messenger*
assistant messengers, anjl laborer \in his office, sixty-four thousand and
sixty dollars.

Expenses of
courts of the
United States,
safe-keeping of
prisoners, and
prosecution of
crime*

War Depart-
ment.

Pay of secre-
tary, &o.

1H1RTY-EIGHTH CONGRESS. Sess. E Cb.73. 1865.

453

For compensation of the clerks and messengers in the office of the ad- Office of aoja-
jutant-general, two hundred and twenty-four thousand four hundred dollars, tant-general}

For compensation of the clerks, messengers, assistant messengers, and of qoarterroas-
laborers in the office of the quartermaster-general, three hundred and teEL ff en ™$
ninety-five thousand eight hundred and forty dollars.

For compensation of the clefrks and messengers in the office of the of paymaster
paymaster-general, two hundred and nine thousand six hundred andS 00 *™**
eighty dollars*

For compensation of the clerks, messenger, and laborers in the office ofconfinUsaiy-
of the commissary-general, eighty-six thousand one hundred and sixty 861161815
dollars.

For compensation of the clerks, messenger, and laborer in the office of ofsmgeon-
the surgeon-general, forty-four thousand one hundred and twenty dollars. S^^s

For compensation of tbe clerks, messengers, and laborer in the office of chief engi-
of the chief engineer, twenty-nine thousand three hundred and twenty neer ?
dollars*

For compensation of the clerks and messenger in the office of the colonel of colonel of
of ordnance, one hundred and seventy-three thousand two hundred and ordnance;
eighty dollars.

For compensation of the clerks in the office of military justice, seven of military
thousand two hundred dollars. justice.

Contingent Expenses of the War Department — Contingent ex-

Office of the Secretary of War : V*™***
For blank books, stationery, labor, books, maps, extra clerk-hire, and Office of Secre-
miscellaneous items, twenty thousand dollars. taiyof War;

Office of the Adjutant-General : of adjutant-

For blank books, stationery, bindings and miscellaneous items, twenty- g6neraI »
five thousand dollars.

Office of the Qpartermaster-General : of quartermas-

For blank books, stationery, binding, and miscellaneous items, twenty tor-general;
thousand dollars.

Office of the Paymaster-General : of paymaster-

For blank books, stationery, binding, and miscellaneous items, ten thou- 8*™"*$
sand dollars.

Office of the Commissary-General : of commissary*

For blank books, stationery, and binding, including rent of office and g«*-*l*
hire of watchmen, twenty thousand dollars.

Office of the Chief Engineer : of chief engi-

For blank books, stationery, binding, and miscellaneous items, three neer >
thousand five hundred dollars.

Office of the Surgeon-General : of eurgeon-

For blank books, stationery, binding, and miscellaneous items, including 8*b*irI;
rent of office, twelve thousand five hundred dollars*

Office of the Chief of Ordnance : of chief of ord-

For blank books, stationery, binding, and* miscellaneous items, ten thou- 11811085
sand dollars.

Office of Military Justice : ofnuTKaryjus-
For blank books, stationery, binding, and miscellaneous items, one thou- tioe *
sand five hundred dollars.

For the general purposes of the Northwest Executive Building. — For Northwest ex-
compensation of superintendent, four watchmen, and two laborers of the trot??* btaTding.
northwest executive building, four thousand five hundred and seventy dol-
lars.

For labor, fuel, light, and miscellaneous items, twenty thousand .dollars. Labor, fuel, &c
For the general purposes of the Building corner of F and Seventeenth Building cor-
Streets. — For compensation of superintendent, four watchmen, and two ^? a S~^' en
laborers for said building, four thousand five hundred and seventy dollars.

For fuel, compensation of firemen, and miscellaneous items, six thou-
sand dollars.

454 THIElT-EIGHJH • CONGBESS. r Skss. IL Cb. 73. 1865.

>

Bufldingoor- Jfef< the general purposes of 4ffr<Bv$dfo,§ ebrne? of F and Fifteenth
SSiSt Streets.**- for supermtentien^ watchman, reiit, fuel, lights, and miscella-

Navy Depart- ' Ifaty'JDqtorfy^^

assistant secretary oftbe navy, chief derk, and the clerks, messenger,
Pay^ eecre- assistant messenger, and laborers in his office, including four clerks of class
Additional m ^ 006 ^ orer > ** 4111 wnaa ^ salary of seven hundred and twenty

de^^&^ao- dollars per annum, which are hereby authorized to be appointed, fifty*
thotirai. * five thousand eight hundred dollars*

Bureau of yards ~ For 'compensation of the 'chief of the bureau of navy-yards and
and docks ; docks, and the civil engineer, chief clerk, clerks, messenger, and laborers

in his office, nineteen* thousand six hundred and forty dollars,
of equipment For compensation of* the chief of the bureau of equipment and re-
and recruiting; cruiting, chief clerk, and the clerks, messenger, and laborer in his office,

including one clerk of class three, and one clerk of * class one, which are
Additional hereby authorized to be appointed, sixteen thousand four hundred and
derka authorized, twenty dollars,

of navigation; For compensation of -die chief of the bureau of navigation^ chief derk,
and the clerks, messenger, and laborer in his office, ten thousandfo&Q hun-
dred and twenty dollars*

of ordnance; For compensation of the chief of the bureau of ordnance, and the as-
sistant, chief clerk, 1 clerks, draughtsman, messenger, and laborers in h|s
office, nineteen thousand- one hundred und ninety-six dollars. *

of construction *'< For compensation of the chief of the bureau of construction and repair,
and repaid • chief clerk* and the dorks, draughtsman, messenger, and laborer in his

office, including one .additional temporary clerk of class two, which is

Additional hereby authorized to be appointed, eighteen thousand and twenty dot*

clerk authorized. J^jgj

of Bteam'qsgi- For compensation* of -the chief -of the bureau of steam engineering,
raring} chief dork,' and the* dorks, draughtsmen, messenger, and laborer in his

office, eleven! thousand and twenty doHars.
of nrovfefons For compensation: -of the chief of the bureau of provisions^and clothing,
dottdagi chief cferl^ and die derfcs, messenger, and laborers, twenty-four thousand
six hundred and twenty dollars,
of'i&edfcine For compensation of thfe chief of the bureau of medicine and surgery,
and surgery. assistant, and the clerks, messenger, and laborer hi his e$oe» ten thousand

eight hundred and twenty dollars.* -
Contingent Incidental and contingent Sxpemes of the Navy Department* —
expenwa, Office of the Secretary of the Navy;

Office of Seerer For stationery, labor, newspapers, periodicals, and miscellaneous items,
tary of Navy. fi ve thousand dollars.

Bureau of yards ' Bureau of Yards and Docks;

and docks; For stationery, books, plans, drawings,' and incidental labor, one thou-
sand eight hundred d&Hars. "
of equipment Bureau of Equipment and' Becruiting : > .

and recruiting; For stationery, books, and miscellaneous items, eight hundred dollars. *
' of navigation; • Boneatr of Navigation :

For stationery, blank books, and miscellaneous items, eight hundred
dollars.

of ordnance; Bureau of Ordnance:

_ For stationery and miscellaneous items,' two thousand dollars*- *
of con8tructton Bureau of Construction and Bepair 1 :^

and repair; For stationery and miscellaneous items, one thousand dollars.

of steam engi- Bureau of Steam Engineering : >

neering; For stationery and' miscellaneous items, two. thousand five hundred

dollars.

ofnroVfsions Bureau of Provisions and Clothing r .

andcioAing. For stationery arid miscellaneous items* one • thousand fiver hundred

dollars.

THIRTY-EIGHTH CONGEESS. Sess. IL Ch. 73. 186S. 455

Bureau of Medicine and Surgery : Butmu or

For blank books, stationery, and miscellaneous items, eight hundred "ffife 9 804
dollars. 8ursel7 '

For the general purposes of the Southwest Executive Building. — For Southwest ex-
compensation of five watchmen and two laborers of the southwest execu- ecutive buiidm fr
tive building, four thousand seven hundred and fifty-two dollars*
For contingent expenses of said building, viz :

For labor, fuel, lights, and miscellaneous items, six thousand five hun-
dred dollars.

Post- Office Department* — For compensation of the PostmasteivGen- Post-Offlce
eral, three assistant postmasters-general, chief clerk, and the clerks, mes- De P artment *
senger, assistant messengers, watchmen, and laborers of said department,
one hundred and sixty thousand three hundred and sixty dollars.

For compensation of twenty-five additional clerks', twenty thousand
dollars*

Contingent Expenses of ike Post - Office Department — For blank Contingent ex-
books, binding, and stationery, fuel for the general post-office building, ^^p^arS"
including the auditor's office, oil, gas, and candles, printing, repair of the men t
general post-office building, office furniture, glazing, painting, whitewash-
ing, and for keeping the fireplaces and furnaces in order; for engineer for
steam-engine, laborers, watchmen, repairs of furniture, and for miscel-
laneous items, forty thousand dollars.

Money- Order Bureau. — For compensation of superintendent and the Money-order
clerks in his office, seven thousand five hundred dollars. bureau.

Department-of Agriculture. — For compensation of commissioner of Department of
agriculture, chief clerk," and the clerks and employees in his office> thirty- agriculture,
nine thousand six hundred dollars.

For contingencies, viz : For stationery, purchase of library, laboratory, Contingencies,
rent, and miscellaneous items, seven thousand five hundred dollars*

For collecting agricultural statistics, twenty thousand dollars. Agricultural

For purchase and distribution of new and valuable seeds, viz : For 8t ^^?*
purchase of cereal, vegetable, and flower seeds, and for labor in putting
up seeds, seed-bags, and miscellaneous items, sixty-one thousand! dollars.

For employees in seed-room, five thousand two hundred dollars.

For propagation and distribution of plants, cuttings, and shrubs, four- Plants, cut-
teen thousand, dollars : Provided* That the propagation of plants, cuttings, ihlS8 * ^
and shrubs shall be confined to such as are adapted to general cultiva- Provi80 -
tion and to promote the general interests of horticulture and agriculture
throughout the United States.

For experimental garden in reservation number two, eight thousand Experimental
dollars. ^ rden -

Mint at Philadelphia. — For salaries of the director, treasurer, agsayer, Mint at Phfla-
melter and refiner, chief coiner and engraver, assistant assayer, and seven delphia.
clerks, twenty-six thousand four hundred dollars.

For wages of workmen and adjusters, one hundred and twenty-five
thousand dollars.

For incidental and contingent expenses, ten thousand dollars.

For specimens of ores and coins to be preserved in the cabinet of the
mint, three hundred dollars.

Branch Mint at San Erancisco, California. — For salaries of super- Branch at San
intendent, treasurer, assayer, melter and refiner, coiner, and six clerks, Franci8C0,
thirty" thousand five hundred dollars.

For wages of workmen and adjusters, one hundred and seventy-five
thousand dollars.

For incidental and contingent expenses, repairs, and wastage, fifty
thousand dollars.

Assay Office, New York. — For salaries of superintendent, assayer, and Assay office,
melter and refiner, assistant assayer, officers, and clerks, twenty-three w
thousand nine hundred dollars*

456

THIBTY-EIGHTH CONGRESS. Snss. JL Ob. 73. 1865.

For wages of workmen, forty-eight thousand dollars.
For incidents] and contingent expenses, twenty thousand dollars.
Branch mint at Branch Mint at Denver* ~ For superintendent, assayer, melter, refiner,
~ coiner, and clerks, thirteen thousand dollars.

For wages of workmen, twenty-one thousand seven hundred and fifty-
five dollars.

For incidental and contingent expenses, five thousand dollars.

Denver

Gevernsnents
In fhe territories*

New Mexico.

Utah.

Washington.

Nebraska.

Colorado.

Nevada.
Dakota.

Arizona.

GOVERNMENTS IN THE TERRITORIES*

Territory of New Mexico. — For salaries of governor, chief-justice and
two associate judges, and secretary, twelve thousand dollars.

For contingent expenses of said territory, one thousand dollars.

For interpreter and translator in the executive office, five hundred
dollars.

For compensation and mileage of the members of the legislative assem-
bly, officers, clerks, and contingent expenses of the assembly, twenty
thousand dollars.

Territory of Utah. — For salaries of governor, chief-justice, two asso-
ciate judges, and secretary, twelve thousand dollars.

For contingent expenses of the territory, two thousand five hundred
dollars.

For compensation and mileage of the members of the legislative as*
sembly, officers, clerks, and contingent expenses of the assembly, fifteen
thousand dollars.

Territory of Washington. — For salaries of governor, chief-justice, two
associate judges, and secretary, twelve thousand five hundred dollars.

For contingent expenses of said territory, one thousand five hundred
dollars.

For compensation and mileage of the members of the legislative as-
sembly, officers, clerk, and contingent expenses of the assembly, fifteen
thousand dollars.

Territory of Nebraska* — For salaries of governor, chief-justice and
two associate judges, and secretary, ten thousand five hundred dollars.

For contingent expenses of said territory, one thousand dollars.

For compensation and mileage of the members of the legislative as-
sembly, officers, clerks, and contingent expenses of the assembly, eighteen
thousand dollars.

Territory of Colorado* — For salaries of governor and superintendent
<*f Indian affairs, chief-justice and two associate judges, and secretary,
nine thousand seven hundred dollars.

For contingent expenses of said territory, one thousand dollars.

For compensation and mileage of the members of the legislative as*
sembly, officers, clerks, and contingent expenses of the assembly, eighteen
thousand dollars.

State of Nevada* — For salary of superintendent of Indian affairs, two
thousand dollars, or so much thereof as may be necessary.

Territory of Dakota. — For salaries of governor and superintendent of
Indian affairs, chief-justice and two associates judges, and secretary* nine
thousand seven hundred dollars.

For contingent expenses of the territory, one thousand dollars.

For compensation and mileage of the members of the legislative as-
sembly, officers, clerks, and contingent expenses of the assembly, fifteen
thousand dollars.

Territory of Arizona* — For salaries of governor, chief- justice and
two associate judges, and secretary, twelve thousand dollars.
For contingent expenses of the territory, one thousand dollars.*
For interpreter and translator in the executive office, five hundred dol-
lars.

For compensation and mileage of the members of the legislative as

THntTT-EIGHTH CONGRESS. Sbss. II. * Ga. 73. 1865.

457

sembly, officers, clerks, and contingent expenses of the assembly, twenty Governments
thousand dollars. in the territories.

Territory of Idaho, — For salaries of governor and superintendent of Idaho.
Indian afrairs, chief - justice and two associates judges, and secretary,
twelve thousand dollars.

For contingent expenses of the territory, one thousand dollars.

For compensation and mileage of the members of the legislative as-
sembly, officers, clerks, and contingent expenses of the assembly, twenty
thousand dollars.

Territory of Montana* — For compensation of governor and superin- Montana,
tendent of Indian affairs, chief-justice and two associate judges, and sec-
retary, twelve thousand dollars.

For contingent expenses of the territory, one thousand dollars.

For compensation and mileage of the members of the legislative as-
sembly, officers, clerks, and contingent expenses, twenty thousand dollars.

JUDICIARY.' Judiciary.

Office of the Attorney- General. — For salaries of the Attorney-General, Office of Attor-
assistant attorney-general, and the clerks and messenger in his office, ney-General.
twenty thousand four hundred dollars.

Contingent expenses of the office of the Attorney-General, namely :

For fuel, labor, furniture, stationery, and miscellaneous items, three
thousand five hundred dollars.

For purchase of law and necessary books for the office of the Attorney-
General, five hundred dollars.

For legal assistance and other necessary special and extraordinary Land-claims in
expenses in the disposal of private land-dahna in California, ten thou- California,
sand dollars.

Justices of the Supreme Court of the United States. — For salaries of Justices of su-
the chief-justice and nine associate justices, sixty thousand five hundred P 18 " 16 coarw
dollars.

For travelling expenses of the judge assigned to Hie tenth circuit for
attending session of the supreme court of the United States, two thou-
sand dollars.

For salaries of the district judges of die United States, one hundred District judges,
and eighteen thousand seven hundred and fifty dollars.

For salaries of the chief-justice of the supreme court of the. District Courts in Dis-
of Columbia, the associate judges, and judge of the orphans 5 court, four- trictof Colombia,
teen thousand five hundred dollars.

For salary of the reporter of the decisions of the supreme court of Reporter of
the United States, one thousand three hundred dollars. decisions.

For compensation of the district attorneys, nineteen thousand one bun- District attor*
dred dollars.

For compensation of the district marshals, twelve thousand dollars. Marshals.

Independent Treasury* — For salaries of the assistant treasurers, of the Independent
United States at New York, Boston, Charleston, and St. Louis, sixteen treasury,
thousand five hundred dollars.

For additional salary of the treasurer of *the mint at Philadelphia, one
thousand dollars.

For additional salary of the treasurer of the branch mint at New Or-
leans, five hundred dollars.

For additional salary of the treasurer of the branch mint at Denver,
five hundred dollars.

For salaries of the clerks and messengers in office of assistant treasurer
at Boston, eight thousand one hundred dollars.

For salaries of additional clerks in the office of the assistant treasurer Additional
at Boston, which are hereby authorized, eleven thousand five hundred clerka at Boston *
dollars.

For salaries of clerks, messengers, and watchmen, in office of the
vol. xm. Pub. — 39

.458 THIRTY-EIGHTH CONGRESS. Sess. IL Ck. IS. 1685.

Independent assistant treasurer 'at Philadelphia, eighteen thousand three hundred
■»»*ny. dollars.

For salaries of clerks, messengers, and watchmen, in office of assistant
treasurer at New York, one hundred and five thousand three hundred and
twenty dollars.

For salaries of clerks, messenger, and watchmen, in the office of the
assistant treasurer at St. Louis, nine thousand seven hundred and sixty
dollars.

Increase of For additional salaries to the messenger at four hundred dollars per

at&^ufe!* 1 * 8 $ Dnttm > m & *° the four watchmen at one hundred dollars per annum each,

which increase is hereby authorized, in the office of the assistant treasurer
at St. Louis, eight hundred dollars.

For sal&ries of clerks, porter, and watchmen, in the office of the assist-
ant treasurer at New Orleans, nine thousand six hundred dollars.

For compensation of the depositary at Santa Fe, and the clerk, watch-
man, and porter in his office, four thousand eight hundred dollars.

For salary of the clerk to the acting assistant treasurer at Denver, one
thousand eight hundred dollars.
For salaries of additional clerks, and additional compensation of officers
1846, oh* 90. and clerks, under act of August sixth, eighteen hundred and forty-sbt, for
Vol. fee p. 591 the better organization of the treasury, and tenth section of act of March
18&8, ch. 97, thirdi eighteen hundred and fifty-three, making appropriations for the civil
Vol. x. p. 212. m & diplomatic expenses of the government for the year ending the thir-
tieth of June, eighteen hundred and fifty-four, at such further rates as the
secretary may deem just and reasonable, fifty thousand dollars.
Designated For compensation to designated depositaries, under fourth section of
depositaries. ^ f August sixth, eighteen hundred and forty-six, for the collection,

safe-keeping, transfer, and disbursement of the public revenue, eight thou-
sand dollars.

Special agents. For compensation to special agents under act of sixth of August, eigh

teen hundred and forty-six, eight thousand dollars.
Inspectors of For salaries of nine supervising and fifty local inspectors, appointed
St i^9 h%nft tmder act thirtieth August^ eighteen hundred and fifty-two, for the better
VoW. p. 6ll protection of the lives of passengers by steamboats, with travelling and
other expenses incurred by them, eighty thousand dollars.

For contingent expenses under the act of sixth August, eighteen hun-
dred and forty-six, for the collection, safe-keeping, transfer, and disburse-
ment of the public revenue, in addition to premium which may be received
on transfer drafts : Provided, That no part of said sum shall be expended
for clerical services, two hundred and fifty thousand dollars.
Expenses of For necessary expenses in carrying into effect the several acts qf con*
treasury notes, greg* authorizing loans and the issue of treasury notes, two million dollars
Accounts of Provided, That the proper accounting officers of the treasury be, and they
Stum Gwyimto are hereby, authorized and directed to examine and adjust the accounts
adjusted, «c o ^ Stuart Gwynn for printing-presses, machinery, material, and labor fur-
nished and supplied to die Treasury Department, and for expenditures
under the authority of the secretary, and to report to him such sum as
Contract price, may be equitably due to said X3wynn : Provided, further. That for items
furnished or supplied under contract, no greater sum than the contract
Gwynn to price shall be allowed : And provided, further, That before any payment
conve^r^to sha ^ *>e made, the said Stuart Gwynn shall, in such form as may be pre-
the United States scribed by the Secretary of the Treasury, fully convey $nd secure to the
before receiving United States the right to use the said presses, and any additional number
payment. thereof with their machinery and future improvements in the treasury

building, or any other buildings directed by the secretary for any and alt
Dies, stamp?, printing* the government may desire for its own use and purposes^
and expenses un- For procuring dies, stamps, adhesivfe stamps^ paper, printing forms and
enue act regulations, advertising, and other pxpenses of carrying into effect the
1864, ch. 178. internal revenue act of* June thirtieth, eighteen hundred and sixty-four,
-Ante, p. 228. one million one hundred thousand dollars.

THIRTY-EIGHTH CONGRESS. Sess. U. Ch. 73. 1865. * 459

For paper, special dies, and the printing of circulating notes, and
expenses necessarily incurred (including express charges) in 4 procuring
the same, in the office of the comptroller of the currency, six hundred
and seventy-seven thousand five hundred dollars.

Commissioners of Direct , Taxes in Insurrectionary Districts* — For com-
pensation of thirty-three commissioners, at three thousand dollars each,
and eleven clerks at twelve hundred dollars each, one hundred and twelve
thousand two hundred dollars.

For contingent expenses, advertising, and surveying, forty thousand
dollars.

For compensation to the laborer in charge of the water-closets in the
capitol, five hundred and twenty-five dollars and sixty cents.

For compensation of four laborers in capitol, two thousand eight hun-
dred and eighty dollars.

For compensation to the public gardener, one thousand four hundred
and forty dollars.

For compensation of a foreman and twenty-one laborers employed in
the public grounds, sixteen thousand and eighty dollars.

For compensation of the keeper of the western gate, Gapitol Square,
one thousand dollars.

For compensation of two day watchmen employed in the Gapitol
Square, one thousand four hundred and forty dollars.

For compensation of the doorkeeper at the President's house, seven
hundred and twenty dollars.

For compensation of assistant doorkeeper at the President's house,
seven hundred and twenty dollars.

For compensation of one night watchman at the public stables and
carpenters' shops south of the capitol, one thousand dollars.

For compensation of watchman in reservation number two, seven hun-
dred and twenty dollars.

For compensation of eight draw-keepers at the Potomac Bridge, and
for fuel, oil, and lamps, seven thousand five hundred and fifty-three dol-
lars and sixty cents. '

For compensation of two draw-keepers at the two bridges across the
eastern branch of the Potomac, and for fuel, oO, and lamps, one thousand
three hundred and ninety-six dollars.

For compensation of furnace-keeper under the old hall: of the House
of Representatives, seven hundred and twenty dollars.

For compensation of furnace-keeper at the President's house, seven
hundred and twenty dollars.

Metropolitan Police. — *• For salaries and other necessary expenses of
the metropolitan police- for the District of Colombia; one hundred and ten
thousand dollars.' And the compensation of said metropolitan police force,
officers, and clerks, is. hereby increased fifty per centum, upon the amount
hereby appropriated, commencing on the first day of July, eighteen hun-
dred and sixty-five, said increase to be borne by the cities of Washington
and Georgetown, and the county of Washington in the District of Colum-
bia, in proportion to the number of patrolmen allotted severally to the
citv of Washington, to the city of Georgetown, and the county of Wash-
ington, and the levy court of said county are hereby authorized and em-
powered to levy a special tax not exceeding one quarter of one per centum
tor the purpose aforesaid.

Sec. 2. And be it farther enacted\ That, to enable the Secretary of. the
Treasury to provide tempora^ accommodations for the State Department,
and for the accommodation of such of the clerks of the Treasury Depart-
ment as cannot be accommodated in the/ present building, the sum of
twenty-five thousand dollars is hereby appropriated, and for the purpose
of furnishing and fitting up suitable rooms for the office of the Attorney-
General, if it shall be necessary for him to remove from the Treasury

Paper, dies,
and printing
notes.

CommissSonexs
of direct taxes.

Laborers.

Public gar-
dener.

watchmen*
Doorkeepers.

Watchmen.

Draw-keepers.

Furnace-

MetropoHtan
police.

Increase of
pay.

How allotted.

Special tax.

Temporary
accommodations' .
for State Depart*
ment and clerks
of the treasury.

460 THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 73. 1865

Department, the sum of tea thousand dollars is hereby appropriated, or
bo much thereof as may he necessary,
Nevada in- Sec. 3* And be U farther enacted, That from and after the passage of
eluded in sra^ this act, the public lands in the State of Nevada shall, for surveying pur-

^iifofnia! poses, be attached to and included in the surveying district of California,

Salaries of Sec. 4. And be it further enacted. That from and after the commence-
assistant secre* ment of the next fiscal year, the salary of each of the assistant secreta-
^nOTat^od^ "as of the executive departments, the assistant attorney-general, and
postmasters-gen- the three assistant postmasters-general, shall be three thousand five hun-
eral. dred dollars per annum.

Pay or certain Sec. 5. And be it further enacted* That, the provisions of the act ap-
inspectors of cos- proved April twenty-nine, eighteen hundred and sixty-four, " increasing

1364, cd* 71. tne oom P €Ilsa tion of inspectors of customs in certain ports," be extended

' AnUy p. 61. to July firs>t, eighteen hundred and sixty-six.

No payment Sec. 6* And be it further enacted, That no part of the money appro-
mileS" 1 ^^ ' F*** * eitfl er °y ^ or fonner acts, shall be applied to the payment
bu eage. , f an y claim for constructive mileage on account of any extra session of

either house of congress.

Condition to Sec. 7. And be it further enacted, That the appropriations hereinbefore
ffP^^^f. made for the Congressional Globe shall be upon the condition that here-
^r^^ongresaionai a ^ er tJje proceeding f congress shall be published in the Daily Globe

of the day subsequent to the day such proceedings were had, and deliv-
- «red to both houses at their time of meeting — this to take effect at the
next session of congress; but the publishers of the Congressional Globe
shaft not, however, be required to publish daily more than forty columns
of the proceedings of the two houses of congress, and any speeches not
actually delivered in either house shall be postponed until the same can
be published without increasing the extent of the proceedings beyond
forty columns.

Deficiencies for Sec. 8. And be it farther enacted, That the following sums be, and the
18fiS " same are hereby, appropriated, to supply deficiencies in the appropriations

for the fiscal year ending the thirtieth of June, eighteen hundred and
sixty-five, out of any money in the treasury not otherwise appropriated:
3d auditor's For office furniture, carpeting, preserving files, and miscellaneous items
office. in the office of the third auditor, five thousand dollars.

Stationery in For stationery for the Treasury Department and its several bureaus,
T artX. De - twenty-five thousand dollars.

P Fuel &c. ^ or ^ ae ^ kbor, light, and miscellaneous items for the treasury building,

' including the extension, twenty thousand dollars.

Disbursement, For contingent expenses under the act of August sixth, eighteen hun-
&c., of public rev- <jred an( j forty-six, for the collection, safe-keeping, transfer, and disburse-
^1846 ch 90. ment °^ * ae Public revenue, provided that no part of said sum shall be

Voi/ix. p. 59. expended for clerical services, fifty thousand dollars.

Clerks in office For compensation to clerks in oflice of the surveyor-general in Califor-
ofeurvwor-gea' nia for the year ending the thirtieth of June, eighteen hundred and sixty-
erai or California. three< one thousand three hundred and fifty dollars.

Public grounds. For hire of carts on the public grounds, two hundred and thirty-two
dollars.

Insane of the For the support, clothing, and medical treatment of the insane of the
army and navy, amjy and navr and the revenue-cutter service, and of the Distrust 'of

Columbia, at the hospital for the insane in said district, thirty thousand
dollars.

Navy-yard ' For repairs of the navy-yard bridge, to enable the commissioner of
bridge. public buildings to erect a new draw, one thousand dollars.

' Bureau of mill- ' For compensation of clerks in the bureau of military justice, viz :
tary justice. one f dagg f our? C ne of class three, one of class two, and two of .

class one, seven thousand two hundred dollars.

Office of com- For stationery, rent of -office, hire of watchmen, and miscellaneous
mfesarv-general. item8 in tne office of the coomiissaiy-general, five thousand dollars*

THIRTY-EIGHTH CONGRESS* Sisss. IL Ch. 7B. 1835

461

For stationery and miscellaneous items in the office of the paymaster- Miscellaneous,
general, six thousand dollars*

For stationery, blank books, and miscellaneous items in the office of the
bureau of mititary justice, one thousand five hundred dollars.

For labor, fuel, lights, and miscellaneous items in the War Department,
fifteen thousand dollars.

For fuel, compensation of firemen, and miscellaneous items for the
building corner of F and Seventeenth Streets, six thousand dollars.

For reimbursing the appropriation for expenses of collecting the rev* Collection of
enue from customs, the amount heretofore transferred from that* fund to revenue,
the appropriation for expenses of a national loan, under act of March
third, eighteen hundred and nine, two million dollars.

For supplying a deficiency in the fund for the relief of sick and dis- Sick, &&,
abled seamen, one hundred and fifty thousand dollars. seamen.

For refunding to the treasury extension the amount of payments made Furniture,
for furniture, sixteen thousand nine hundred and eleven dollars and fifty-
three cents*

For furniture, carpets, and miscellaneous items for the treasury build-
ing, fifteen thousand dollars.

For deficiency for pay of physician, blacksmith and assistant, farmer, Reservations
and carpenter for each of the four reservations in California, nine thou- m Califomk -
sand six hundred dollars.

For armament of fortifications, nine hundred thousand dollars. Armament of

For current expenses of' the ordnance department, and for ordnance fol ^ ati0n84
service, six hundred thousand dollars. Ordnance.
For national armory, six hundred thousand dollars* Armory.
For gunpowder and lead, four hundred thousand dollars. Gunpowder
For contingencies of fortifications, eight hundred thousand dollars* ^ &c.

For tool and siege trains, one hundred thousand dollars* trains/ *

For Fort Taylor, Key West, Florida, one hundred and twenty-five Fort Taylor,
thousand dollars.

For Fort Jefferson, Garden Key, Florida, seventy-five thousand dollars. Fort Jefferson.
For the medical and hospital department, three million two hundred Hospital de-
and fifty-one thousand dollars* partment.
For the quartermaster's department, viz : —

For purchase of cavalry and artillery horses, seven million six hundred Cavalry,
thousand dollars. horses.

For transportation of the army, nineteen million eight hundred and Transportation,
fifty-six thousand one hundred and thirty-seven dollars.

For regular supplies, twenty million dollars.

For barracks and quarters, two million dollars. Barracks.

For incidental and contingent expenses, one million dollars*

For military telegraph, seven hundred and twenty-five thousand dollars. Telegraph.

For supplies and tine expenses of. providing for prisoners of war, two Prisoners ot
million dollars* war.

For clothing, camp and garrison equipage, thirty million dollars* Clothing and

For pay of the capitol police, three thousand eight hundred and cam P equipage,
eighty-five dollars and seventy-two cents. Capitol police

To supply deficiencies in the contingent expenses of the House of Contingent ex-
^Representatives, viz : — pemesoTHouse

For folding documents, twenty-five thousand dollars* ontepresenta-

For fuel and lights, including pay of engineer, ten thousand dollars.

For miscellaneous items, twenty-four thousand four hundred and five
dollars and fifty-two cents.

For stationery, six thousand dollars.

To supply a deficiency in the appropriation for the payment of sal- Comptroller
aries in the bureau of the comptroller of the currency, twelve thousand of currenc 7-
dollars.

To supply deficiency in the appropriation for capitol police, to be added Capitol police.

89*

462

THIRTY-EIGHTH CONGRESS. S*ss. II. Ch. 78, 74 186$.

Pablic print*

fag.

Paper*

Binding.

Reporters.

Branch mint
at Denver;

at San Fran-
cisco.

Navy Depart*
ment*

Bureau of
navigation)

Nautical in-
struments*

Equipment and
recruiting.

Provisions and
clothing.

Gold medal to
Cornelius Van-
derbilt.

Ante, pp. 401, 402.

Contingent ex-
penses orHouse
of Representa-
tives.

to the contingent fond of the Senate, tiro thousand^ nine hundred and
fourteen dollars and twenty-eight cents*

v To supply a deficiency in the appropriation for the public printing, one
hundred and eighty thousand dollars*

To supply a deficiency in the appropriation for paper for the public
printings four hundred and fifty thousand dollars.

To supply a deficiency in the appropriation for the public binding,
ninety thousand dollars.

To supply a deficiency in the appropriation for compensation to the
reporters of the Congressional Globe, eight hundred dollars.

To supply a deficiency for compensation of clerks in the Denver branch
mint, fotuj hundred and fifty dollars.

To supply a deficiency in the appropriation for the branch mint at San
Francisco, one hundred and thirty-four thousand eight hundred and eighty-
nine dollars and sixty-eight cents.

Navy Department —

Bureau of Navigation :
For binnacles, binnacle lamps, and alidades'; for bunting, muslin, and
sewing materials; for ensigns, jacks, distinctive 'fiags and marks, signal
flags and, foreign flags, and for making flags of all kinds; for logs, log-lines,
log-reek, log-slates, log-paper, log-books, and sand glasses ; for leads, lead*
reels, lead-lines, armings for leads, ~and sounding cups, and for signal
apparatus other than signal fiags, one hundred and twenty-five thousand
dollars.

For freight and transportation of navigation materials, instruments,
books, and stores; for postage on public letters ; for telegraphing for pro-
posals; for packing-boxes and materials; for blank boobs, forms, and
stationery at navigation offices; for maps, drawing, and- models; and for
incidental expenses not applicable to any other appropriation, three thou-
sand dollars. F

For the purchase of nautical and astronomical instruments, nautical
books, maps, and charts, and for repairs of instruments, and for binding
and backing books and charts, one hundred thousand dollars*

Bureau of Equipment and Recruiting :

For fuel for the navy, and for the transportation and expenses thereof,
five million three hundred and sixtysseven thousand four hundred dollars.

For equipment of vessels, five hundred thousand dollars.

Bureau of Provisions and Clothing ;

For provisions, one million five hundred thousand dollars.

For Clothing, seven hundred thousand dollars.

For a gold medal to Cornelius: Vanderbilt, pursuant to a joint resolution '
approved January twenty-eight, eighteen hundred and sixty-four, three
thousand dollars.

And the sum of forty-three thousand dollars is hereby appropriated to
be added to the contingent hind of the House of Representatives for th*
purpose of paying such contingent expenses as may be directed by reso
lution of the House.

Approved, March 2, 1865.

Navy appro-
priation.

Pay.

Chap. Lajllv. — An AM tnakinq Appropriations fir Me Naval Service fir the year

ending June thirtieth, eighteen hundred and sixty-six.

Be it enacted by the Senate and Mouse of Representatives of the United
States of America in Congress assembled, That the following sums be, and
they are hereby, appropriated, to be paid out of any money in the treas-
ury not otherwise appropriated, for the year ending the thirtieth of June,
eighteen hundred and sixty-six : —

For pay of commission, warrant, and petty officers and seamen, includ-
ing the engineer corps of the, navy, twenty-three million three hundred

THIRTY-EIGHTH CONGBES& Sess. II. Ch. 74. 1865. 468

and twenty-seven thousand seven Hundred and twenty-two dollars and fifty
cents*

For the completion and repair of vessels of the navy, twenty-four mill- Repair, &c,
ion five hundred and thirty thousand dollars. ^ of vessel*

For the purchase of hemp and other materials for the navy, five Iran- Hemp,
dred and seventy thousand dollars,

For fuel for the navy,and for the transportation and expenses thereof, Fuel*
seven million six hundred and eighty thousand dollars.

For bounties to seamen, one million dollars. Bounties.

For the equipment of vessels in the navy, viz:— , Equipment.

For the purchase of various articles of equipment, viz : canvas, leather,
iron, cables and anchors, oil, furniture, galleys, and stores, and for the
payment of labor on articles manufactured in the navy-yard, and for outfit
stores in the masters', boatswains 9 , and sailmakers' department of vessels,
five million eight hundred thousand dollar*.

For provisions for commission, warrant, and petty officers and seamen, Provisions,
including engineers and marines attached to vessels for sea service, twelve
million nine hundred and twenty-three thousand two hundred and eighty
dollars and seventy-five cents.

For the construction, repair, wear and tear of machinery of vessels Construction,
in commission, seventeen million one hundred and forty-five thousand ^^L ma ~
dollars. / <auneiy -

For surgeons' necessaries and appliances for the sick and hurt of the Surgeons'
navy, including the coast survey, and engineer and marine corps, two nece88arie8 >
hundred arid twenty-seven thousand five hundred dollars.

For ordnance and ordnance stores, including labor and incidental ex- Ordnance and
penses, eight million three hundred thousand dollars. stores.

For navigation apparatus and supplies, and for purposes incidental to Navigation
navigation, four hundred thousand dollars. apparatus. .

For clothing for the navy, one million dollars. Clothing.

For contingent expenses of the navy, two hundred and fifty thousand Contingencies,
dollars*

Bureau of Yards and Docks. — For contingent expenses that may ae- Bureau oi
crue for the following purposes, viz : For freight and transportation ; for yards and docks;
printing, advertising, and stationery ; for books, maps, models, and draw-
ings; for the purchase and repair of fire-engines $ for machinery of every
description, and patent right to use the same ; for repairs of steam-engines
and attendance ; for purchase and maintenance of oxen and horses, and
driving teams ; for carts, timber-wheels, and workmen's tools of every
description for navy-yard purposes ; for telegrams and postage of letters
on public service ; for furniture for government offices and houses,; for
coals and other fuel; for candles, oil, and gas; for cleaning and clearing
up yards; for flags, awnings, and packing-boxes ; for pay of watchmen;
for incidental labor at navy-yards not applicable to any other appropria-
tion ; for rent of landing at Portsmouth, New Hampshire j for tolls and
ferriages ; for water tax ; and for rent of stores and rendezvous, one mill-
ion seven hundred and sixty thousand dollars.

Bureau of Navigation. «— For contingent expenses of the bureau of of navigation;
navigation, viz :

■ For freight and transportation of navigation materials, instruments,
books, and stores ; for postage on public letters ; for telegraphing on public
business ; for advertising for proposals ; for packing-boxes and materials ;
for blank books, forms, and stationery at navigation offices; for maps,
charts, drawings, and models; and for incidental expenses not applicable
to any other appropriation, five thousand dollars.

Bureau of Construction and Bepcdr. — For contingent and incidental of construction
expenses, viz : —

For postage, drawings, and transportation of materials, seventy-five
thousand dollars.

46*

THIRTY-EIGHTH CONGRESS. Suss. II. Ch. 74 1865.

Bureau of
steam, engineer-
ing;

of provisions
and clothing;

of medicine
and surgery.

Marine corps.

Provisions.
Clothing.
FueL
Stores.

Transporta-
tion*

Barracks, &c*
Contingencies.

Kavy-yards.
Portsmouth.

Boston.

Bureau of Steam Engineering. — For contingent expenses, viz: —

For transportation of materials, printing, stationery, experiments, ad*
vertising, books, drawings, models, postage, and incidental expenses,
eighty-five thousand dollars.

Bureau of Provisions and Clothing. — For contingent expenses, viz:

For candles, freight to foreign stations, transportation from station to
station within the United States, cooperage, pay of assistants to inspectors,
advertising for proposals, printing paymasters' blanks, and stationery for
cruising vessels, six hundred thousand dollars.

Bureau of Medicine and Surgery. — For contingent expenses of the
bureau of medicine and surgery, seventy-five thousand dollars.

Marine Corps. — For pay of officers, non-commissioned officers, musi-
cians, privates, clerks, messengers, steward and nurse, and servants; for
rations and clothing for officers' servants ; additional rations to officers for
fiVe years' service ; for undrawn clothing and rations, and bounties for re-
enlistments, one million and forty thousand eight hundred and sixty-five
dollars and forty-five cents.

For provisions, one hundred and sixty-nine thousand nine hundred and
seven dollars and fifty cents.

For clothing, three hundred and twenty-eight thousand five hundred
and twelve dollars.*

For fuel, thirty-two thousand six hundred and twenty-six dollars and
seventy-five cents.

For military stores, viz: pay of mechanics, repair of arms, purchase
of accoutrements, ordnance stores, flags, drums, fifes, and other instru-
ments, sixteen thousand dollars.

For transportation of officers, their servants, troops, and expenses of
recruiting, twenty-five thousand dollars.

For repairs of barracks, and rent of offices where there are no public*
buildings, fifteen thousand dollars.

For contingencies, viz : freight, ferriage, toll, cartage, wharfage ; pur-
chase and repair of boats; compensation to judge-advocates ; per diem
for attending courts-martial, courts of inquiry, and for constant labor;
house rent in lieu of quarters ; burial of deceased marines ; printing, sta-
tionery, postage, telegraphing ; apprehension of deserters ; oil, candles,
gas ; repairs of gas and water fixtures ; water rent, forage, straw, barrack
furniture ; furniture for officers' quarters ; bed-sacks, wrapping-paper, oil-
cloth, crash, rope, twine, spades, shovels, axes, picks, carpenters* tools ;
keep of a horse for the messenger ; pay of matron, washerwoman, and
porter at the hospital headquarters ; repairs to fire-engine ; purchase and
repair of engine-hose ; purchase of lumber for benches, mess-tables,/and
bunks ; repairs to public carryall ; purchase and repair of harness ; pur-
chase and repair of handcarts and wheelbarrows ; scavengering ; purchase
and repair of galleys ; cooking-stoves, ranges ; stoves where there are no
grates ; gravel for parade-grounds ; repair of pumps ; furniture for staff
and commanding officers' offices ; brushes, brooms, buckets, paving, and
for other purposes, sixty thousand dollars.

NAVY-YARD 8.

Portsmouth, New Hampshire. — For reservoir, gutters, oakum, store,
siding-mill, extension of ship-house R; railway for floating dock ; ma-
chinery and tools ; grading gutters and drains ; completing plumbers',
coppersmiths', and tux shops ; quay walls ; completing mooring piers ;
completing extension of ship-house S ; two launching ships [slips] ; and
for repairs of all kinds, three hundred and sixteen thousand two hundred
and fifty dollars.

Boston. — For addition to second story of ropewalk, two building slips,
one set spinning preparation and repairs of ropewalk machinery, tar pit,
and for repairs of all kinds, two hundred and fifty-four thousand five
hundred dollars.

THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 74. 1865,

For completion of joiners* building, twenty-five thousand dollars. Navy-yards.

New York — For continuing quay wall ; receiving store ; grading aud New York,
filling; drains, paving, and flagging; muster-office addition ; completing
new foundry ; continuation of machine shop and iron-plating shop ; launch-
ing ways, ship-house D ; launching ways for steamers ; joiners* shop ad-
dition ; water-pipes and hydrants ; general increase of machinery in the
yard ; and repairs of all kinds, eight hundred and ninety-five thousand
seven hundred and sixty-three dollars.

Philadelphia. — For boat shop ; machine shop; saw-mill ; storehouse; Philadelphia,
plumbers' shop ; crib foundation for kunching ways ; brick wall around
new purchase ; bulkhead at new purchase ; repairs of dry dock 5 repairs
of dredger; filling on new purchase ; and repairs of all kinds, two hun-
dred and eighty-five thousand six hundred and eighty dollars.

Washington. — For completing copper-rolling mill extension ; complet- Washington,
ing storehouse for provisions ; new cradle for railway ; coal depot and
machinery ; machinery and tools ; flagging and draining ; dredging chan-
nels ; rail tracks ; and repairs of all kinds, two hundred and eighteen
thousand three hundred dollars.

Norfolk. — For repairs of boatahed number tweniy-njne ; repairs of
timber-sheds number thirty and thirty-one ; repairs of naval store number
fifteen ; repairs of stables ; repairs of carpenters' shop ; repairs of build-
ings number nineteen and thirty-seven ; machinery and tools ; dredging
channels ; and repairs of all kinds, four hundred and sixty-eight thousand
five hundred dollars.

Pensaeola. — For repairs of machine shop, storehouse, commandant's
quarters, commander's quarters, officers* quarters, and repairs of all kinds,
one hundred and seventy-one thousand dollars.

Mare Island. — For continuing grading and paving; foundry establish-
ment; completing iron-wharf cranes ; smithery, tools, and machinery ;
cistern and holder for gas-works ; saw-mill machinery ; coal house and
wharf ; sea-wall continuation; guard-house ; completing one half of store-
house ; and repairs of all kinds, two hundred and eight thousand eight
hundred dollars.

SacketCs Harbor. — For repairs of all kinds, two thousand dollars.

Norfolk*

Pensaeola*

Hate Island*

HOSPITALS.

Sjackett's Ha*,
bar.

Hospitals*
Boston.

u — For repairs of buildings, roads, fences, painting hospital, en-
largement of cemetery, glazing, painting, furniture, and miscellaneous
items, eight thousand five hundred dollars.

New York. — For repairs of hospital buildings, appendages, roads, New York,
fences, walls, stables, painting, glazing in hospital and laboratory, and
labor on cemetery and grounds, fourteen thousand dollars.

Washington, District of Columbia. — For completing building author-
ized by act of March fourteenth, eighteen hundred and sixty-four, thirty
thousand dollars*

Norfolk. — For plastering, glazing, painting, repair of wharves and
bridges, repair of cemetery enclosure, gas fixtures, and flagging, twelve
thousand five hundred dollars.

Pensacola. — For extension of building, enclosures, rooms for distribut-
ing stores, and for general repairs and improvements, ten thousand five
hundred dollars.

Memphis. — For repairs and improvements, seven thousand dollars.
New Orleans. — For repairs and improvements, five thousand dollars.

Washington.

Norfolk.

Pensacola.

Memphis.
New Orleans*

MAGAZINES.

Portsmouth. — For shot-beds ; quay walls; boiler, boiler-room, and
machinery ; grading grounds ; and repairs of all kinds, forty-seven thou-
sand four hundred and twenty-five dollars.

Boston. — For repairs of magazine, shell-houses, wharf at Chelsea, and

Magazines.
Portsmouth*

Boston*

THIRTY-EIGHTH CONGRESS. Sbss. U Ch. 74. 1865.

New York.
Philadelphia.

Washington.

Norfolk.
Mare Island.

Miscellaneous*

Naval Acad-
emy.

Naval Observ-
atory.

Nautical Al-
manac*

Naval Asylum,
Philadelphia*

Emergencies.
Photographer.

Appointment

ApPOil)

of midshi

pmen.

Pay of officer
experimenting in
gunnery.

1860, ch. 67,
§2.

Vol xii. p. 27.

Pay of com-
mission on site
for navy-yard.

Enlargement
of acoommoda*

powder-boat | repairs of ordnance store, shell-bouses, gun and shot park
at the yard ; repairs of nitre. depot at Maiden ; and tools for gim-carriage
shop, six thousand three hundred and seventy-eight dollars.

Mew York. — For ordnance machinery, and repairs of all kinds, fifty-
five thousand dollars.

Philadelphia. — For two stone magazine bxuldings, fifteen thousand six
hundred and ninety-six dollars.

Washington, District of Columbia. — For repairs to buildings in ord-
nance yard, repairs to branch magazine, cleaning, and improving ordnance
yard, erecting temporary buildings, additional ordnance machinery, and
continuing work on new ordnance foundry, eighty-seven thousand dollars.

Nor/cue. — For improvements and repairs of baildings at magazine
Fort Norfolk, ten thousand dollars.

Mare Island* — For continuing shell-house and powder magazine at
north end of yard, building a second shell-house at magazine, continuing
preparations for gun-park, tools and machines for ordnance shop, repairs
to building number seventy, occupied by ordnance ; repairs to magazine ;
and for strengthening old wharf at magazine and building new addition,
forty-four thousand four hundred and eighty-six dollars.

Miscellaneous* — For pay of superintendents, naval constructors, and
all the civil establishments of the several navy-yards and stations, one
hundred and thirty-two thousand eight hundred and seventy dollars.

For expenses of professors, watchmen, and others, and contingencies
of the United States Naval Academy, one hundred and fifteen thousand
six hundred and twenty-six dollars.

Naval Observatory. — For pay of assistant astronomer, three aids, and
clerk, eight thousand dollars.

For wages of instrument maker, two watchmen, porter, messenger, and
laborers ; keeping grounds in order, and repairs to buildings and enclos-
ures ; fuel, lights, office furniture, and stationery ; and for freight, trans-
portation, postage, and incidental expenses, fourteen thousand dollars.

For preparing for publication the American Nautical Almanac, twenty-
five thousand^ eight hundred and fifty dollars*

NATAL ASYLUM, PHILADELPHIA.

For furniture and repairs of same ; house-cleaning and whitewashing ;
furnaces, grates, and ranges; gas and water rent; improvement of
grounds*; wharves and lots; and for hospital, and repairs of all kinds,
five thousand six hundred dollars.

For support of beneficiaries, forty-two thousand dollars.

To meet emergencies at the Atlantic, East and West Gulf, and Missis-
sippi stations, five hundred thousand dollars.

For pay of photographer in the bureau of ordnance, three hundred
dollars*

Sec* 2* And be it further enacted. That no midshipman shall be ap-
pointed for any district not represented in congress*

Sec. , 3: And be it further enacted* That so much of the second section
of an act entitled "An act to increase and regulate the pay of the navy
of the United States," approved June one, eighteen hundred and sixty,
as provided that the officer charged with experiments in gunnery at the
navy-yard, Washington, shall receive the sea-service pay of the grade next
above him, be, and the same is hereby, repealed.

Seo. 4. And be it further enacted, That to defray the necessary ex-
penses of the commission a to select the most approved site for a navy-
yard or naval station on the Mississippi River, or upon one of its tributa-
ries/ 9 the sum of two thousand five hundred and ninety dollars is hereby
appropriated.

Sec* 5. And be it further enacted, That the sum of one hundred thou-
sand dollars is hereby appropriated to enlarge the accommodations for

THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 74, 75. 1865

467

side, wounded, and otherwise disabled at the Naval Asylum, Philadelphia, tions for sick,
authorized by act of congress of March 1 fourteen, e^ht66n httridrea.*nd j^ Mnava3fa8 ^
sixty-four. ' 1864, oh so.

Sbo»& AM h it further enacted, That the Secretary of the Nav^ne* ^p-as.
and & hereby, authorized to purchase the balance of square nJnofofo&ed La^ tor naval
and fortyeight, in the city of Washington, District of Columbia, some ^ 011(
fourteen thousand feet, npon which a naval hospital is now In course of
erection : Provided the same can be obtained, in the judgment of the see*
retary, upon terms deemed just and reasonable.

Sec. 7. And be it further enacted, That so much of the proviso of the Repeal of part
act of third March, .eighteen hundred and forty-three, .entitled «AH act &
making appropriations for the naval service for the half calendar year, v# v '
beginning tbe first of January and ending the thirtieth day of June* eigh-
teen hundred and forty-four," as requires that provisions) and all Other
materials of every name and nature, for tbe use of the navy, be furnished
by contract with the lowest bidder, after advertisement, shall be, and the
same is hereby, so for modified, that it shall not apply to bunting 'delivered
for the use of the army and 'navy; that it shall be lawful for the Secretary'
of War, the Secretary of the Navy, and the Secretary of the Treasury
to enter into contract for bunting, of American' manufacture, as their Bunting for
respective services require, for a period not! exceeding one year, and at amy an? navy,
a price not exceeding that at which «a article of equal quality can be
imported*

Approved, March 2, 1865*

Cm*. IX3£T.—An Act making Appropria&msfir &e Support ojWMitUafy Atodtotojf ' March 2, 1865.
far the year ending the thirtieth of June, eighteen hundred and sixty-six.

Be it enacted by the Senate and Bouse of Representatives of the United
States vf America in Congress assembled, That the following sums be, and ^^^^
the same are hereby, appropriated, out of any money in the treasury not Son^^
otherwise appropriated, for the support of the Military Academy for 1 the
year ending the thirtieth of June, eighteen hundred and sixty-six.

For pay of officers, instructors, cadets, and musicians, one hundred and
fifty-four thousand seven hundred and fifty-six dollars*

For commutation of subsistence, four thousand one hundred and sixty-
one dollars.

For pay in lieu of clothing to officers* servants, sixty dollars.

For current and ordinary expenses, as follows : repairs and improve*
ments, fuel and apparatus, forage, postage, telegrams, stationery, trans*
portation, printing, clerks, miscellaneous and incidental expenses, add
departments of instruction, fifty-seven thousand nine hundred tod MHn*.
seven dollars.

For increase and expense of library, one thousand dollars.
For forage for artillery and cavalry horses, seventeen thousand dollars.'
For supplying horses for artillery and cavalry exercise, one 1 thousand
dollars*

For repairs of officers' quarters, one thousand five hundred dollars* '
For targets and batteries for artillery exercise, one hundred dollars.
For furniture for hospital for cadets, two hundred dollars* '
For' annual repairs of gas-pipes and retorts, three hundred dollars.
For warming apparatus for academic and other buildings, ten thousand
dollars.

For building public Wharf, five thousand dollars.

For quarters for subaltern officers, one thousand five hundred dollar^

For fire apparatus, three thousand dollars.

Sec. 2. And be it further enacted, That section four of chapter forty- c$Atfa frond
five of the public acts of the first session of the thirty-eighth congress, deficient,
relating to cadets 41 found deficient," is hereby repealed. fkJ**

Approved, March 2, 1865.

468

THIRTY-EIGHTH CONGRESS. Sess. It Ch« 76, 77. 1865

March 2,1865. Chap.LXXVJ An Act to establish the Office of Solicitor and Naval Judge-Advocate.

Be it enacted by the Senate and Souse of Representative* of the United
Solicitor and States of America in Congress assembled, That the President be, and be
2d^ite dg9 "eral * nere °y> authorized to appoint, by and with the advice and consent of
to be appointed. ^ e Senate, for service daring the rebellion and one year thereafter, an

officer in the Navy Department, to be called the * Solicitor and Naval
Judge- Advocate General," at an annual salary of three thousand five hun-
dred dollars, and that until the close of the fiscal year ending June thir-
Salary. tieth, eighteen hundred and sixty-six, the salary herein provided for shall

be paid from any money in the treasury not otherwise appropriated*
Fees for rec- Sec. 2. And be it further enacted, That the fees for record in naval

ord in naval courts-martial shall not in any one case exceed the sum of two hundred
courts-martial. do]larg(

Approved, March 2, 1865.

March 8, 1865. Chap, TiX X VLL — An Act to provide Ways and Means for the Support of ike Government

Be it enacted by the Senate and House of Representatives of the United
Secretary of States of America in Congress assembled, That the Secretary of the
Treasury may Treasury be, and he is hereby, authorized to borrow, from time to time,
S^owooo^and 0Q tne cre< ^ t 0I> the* United States, in addition to the amounts heretofore
issue bonds, «&c. authorized, any sums not exceeding in the aggregate six hundred millions

of dollars, and to issue therefor bonds or treasury notes of the United
Bonds, and States, in such form as he may prescribe ; and so much thereof as may be
vhen redeema- jgsued in bonds shall be of denominations not less than fifty dollars, and

may be. made payable at any period not more than forty years from date
of issue, or may be made redeemable, at the pleasure of the government,
at or after any period not less than five years nor more than forty years
from date, or may bo made redeemable and payable as aforesaid, as may
be expressed upon their lace ; and so much thereof as may be issued in
Treasury treasury notes may be made convertible into any bonds authorized by this
notes. act, and may be of such denominations — not less than fifty dollars — and

bear such dates and be made redeemable or payable at such periods as in
the opinion of the Secretary of the Treasury may be deemed expedient.
Interest. And the interest on such bonds shall be payable semi-annually ; and on
treasury notes authorized by this act the interest may be made payable
Principal and semi-annually, or annually, or at maturity thereof ; and the principal, or
in ^hi e interest, or both, may be made payable in coin or in other lawful money :

paya&e. Provided, That the rate of interest .on any such bonds or treasury
J££ of in ~ notes, when payable in coin, shall not exceed six per centom per annum ;

and when not payable in coin shall not exceed seven and three tenths per
centum per annum $ and the rate and character of interest shall be ex-
pressed on all such bonds or treasury notes : And provided, further. That
1864, ch. 172. the act entitled "An act to provide ways and means for the support of
Ante, p. 218. the government, and for other purposes," approved June thirtieth, eighteen
hundred and sixty-four, shall be so construed as to authorize the issue of
bonds of any description authorized by this act* And any treasury notes
or other obligations bearing interest, issued under any act of congress,
may, at the discretion of the Secretary of the Treasury, and with the
Convertible* consent of .the holder, be converted into any description of bonds author-
ized by this act ; and no bonds so authorized shall be considered a part
of tne amount of six hundred millions hereinbefore authorized.
Bonds, where Seo. % And be it further enacted, That the Secretary of the Treasury
may bedisposed may dispose of any of the bonds or other obligations issued under this
ofand at what act ^ e ifa er \ n the United States or elsewhere, in such manner, and at such

rates, and under such conditions, as he may think advisable, for coin, or
for other lawful money of the United States, or for any treasury notes,
certificates of indebtedness, or certificates of deposit, or other representa-
tives of value, which have been or may be issued under any act of con*

THIKTY-EIGHTH CONGRESS. Sess. II. Oh. 77, 78. 1S65.

469

gress ; and may, at bis discretion, issue bonds or treasury notes authorized ^ Bonds may be
by this act, in payment for any requisitions for materials or supplies which &"ed for sup-
shall have been made by the appropriate department or offices tipon the p
treasury of the United States, on receiving notice in writing through the
department or office making the requisition, that the owner of the claim
for which the requisition is issued desires to subscribe for an amount of
loan that will cover said requisition, or any part thereof ; and all bonds or
other obligations issued under this act shall be exempt from taxation by Exempt from '
or under state or municipal authority. taxation*

Sec. 3. And be it farther enacted. That all the provisions* of the act Form of notes,
entitled "An act to provide ways and means for the-support of the govern- &**
meat, and for other purposes," approved June thirtieth, eighteen hundred ^gisf* .
and sixty-four, in relation to forms, inscriptions, devices, and the printing, '
attestation, sealing, signing, and counterfeiting thereof, with such others as
are applicable, shall apply to the bonds and other obligations issued under
this act : Provided, That nothing herein contained shall be construed as Legal tenders
authorizing the issue of legal-tender notes in any form ; and a sum, sot ?^ e ?^ horized
exceeding one per centum of the amount of bonds and other obligations ttereD y*
issued under this act, is hereby appropriated to pay the expense of pre- Appropriation
paring and issuing the same, and disposing thereof. &r expenses

Approved, March 3, 1865.

Chap. LXXVUL — An Actio amend an Act entitled "An Act to provide Internal Reo- March 3, 1865V
entce to support the Government, to pay Interest on the Public Ddt, and fir other- Pub^ isai eh VHl'
poses," approved June thirtieth, eighteen hundred and sixty-four. Ante, pT22& '

Be it enacted by the Senate and Home of Representatives of Ac United
States of America in Congress assembled, That the act entitled u An act to
provide internal revenue to support the government, to pay interest on the
public debt, and for other purposes," approved June thirtieth, eighteen
hundred said sixty-four, be, and the saine is hereby, amended as herein-
after set forth, namely : — • t

That section four be amended by striking out the word " five," and in* Number of
serting in lieu thereof the word " ten." a S ent8 '

That section eight be amended by striking out, after the words " within Assessors to
each of which the," the words u Secretary of the Treasury, whenever there WJ'kt assist*
shall be a vacancy, or the public interest shall require, shall appoint, with
the approval of the said commissioner, one assistant assessor, who shall be Ante, p. 224,
a resident of the district of said assessor," and inserting in lieu thereof the
words u assessor, whenever 4here shall be a vacancy, shall appoint, with
the approval, of said commissioner, one or more assistant assessors], who v
shall be a resident of such assessment district"

That section fourteen be amended by striking out die word *ftfty, rf and Penalty for not
inserting in lieu thereof the words " twenty-five." making returns.

That section twenty-five be amended by inserting after the words u four Commissions of
hundred thousand dollars," the word? u and not exceeding one mttUen of collectors,
dollars, and one eighth of one per centum on all' sums above one million Ante, p. 232.
of dollars;" by inserting after the words "reasonable charges for," the
word " advertising and by striking out all of the first proviso ; and by
striking out the word " further " in the second proviso.

That section twenty-sis: be amended by striking out the word " appor-
tionment," and inserting in lieu thereof the word a appointment."

That section twenty-eight be amended by striking out all after the enact-
ing clause, and inserting in lieu thereof the words " That each of said col- Collector to
lectors shall, within twenty days after receiving his annual collection list ^tJS^JJJ 1
from the assessors, give notice, by advertisement published in each county are payable,
in his collection district, in one newspaper printed in such county, if any
such there be, and by notifications to be posted up in at least four public Ante, pp. 232,
places in each county in his collection district, that the said duties have 288%
become due and payable, and state the time and place within said county

vol. xin. Pub. — 40

470

THIBTY-EIGHTH CONGRESS. Ssss. H. Ch. 78. £865.

at -which he or Ms deputy -will attend to receive the same, which time
shall not he less than ten days after such notification. And if any person
Notice to those shall neglect to pay, as aforesaid, for more than ten days, it shall he the

' pay!*** 1 ^ *° dut ? °* ^ e Sector or his deputy to issue to each person a notice, to be

left at his dwelling or usual place of business, or be sent by mail, dem.atfd«
ing the payment of said duties or taxes, stating the amount thereof, with a
Costs. fee of twenty cents for the issuing and service of such notice, and with

four cents for each mile actually and necessarily travelled in serving the
If not paid same* And if such person shall not pay the duties or taxes, and* the fee
cSle<Sed wto °^ 661118 an( * mileage as aforesaid, within ten days after the service

costs and penalty, or the sending by mail of such notice, it shall be the duty of the collector

or his deputy to collect the said duties or taxes, and fee of twenty cents
and mileage, with a penalty of ten per centum additional upon the amount
of duties* And with respect to all such duties or taxes as are not included
in the annual lists aforesaid, and all taxes and duties the collection of which
is not otherwise provided for in this act, it shall be the duty of each col-
Demand for lector, in person or by deputy, to demand payment thereof, in the manner

aimtmi Ust. n0t ^ Stst mentioned,- within ten days from and after receiving the Hst thereof

from the assessor, or within twenty days from and after the expiration of
the time within which such duty or tax should have been paid ; and if the
annual or other duties shall not be paid within ten days from and after
such demand therefor, it shall be lawful for such collector, or his deputies,
Collection by to proceed to collect the said duties or taxes, with ten per centum addi-

distraint and tional thereto, as aforesaid, by distraint and sale of the goods, chattels, or
Proceedings in e ^ ects ot> the persons delinquent as aforesaid. And in case of distraint it

ease of distraint shall be the duty of the officer charged with the collection to make, or cause

to be made, an account of the goods or chattels distrained, a copy of which,
signed by the officer making such distraint, shall be left with the owner or
possessor of such goods, chattels, or effects, or at his or her dwelling, or
usual place of business, with some person of suitable age and discretion, if
any such can be found, with a note of the sum demanded, and the time and
place of sale ; and the said officer shall forthwith cause a notification to be
published in some newspaper within the county wherein said distraint is
made, if there is a newspaper published in said county, or to be publicly
posted up at the post-office, if there be one within five miles, nearest to
the residence' of the person whose property shall be distrained, and in not
less than two other public places, which notice shall specify the articles
distrained, and tbe time and place for the sale thereof which time shall not
be less than ten nor more than twenty days from the date of such notifica-
tion, [and] the place proposed for sale not more than five miles distant
When returns from the place of making such distraint And in any case in which any

e^tntesToiaer 40 P erson > bank, association, company, or corporation required by law to

make return to the commissioner of internal revenue shall refuse or neg-
lect to make such return within the time specified, the amount of circu-
lation, deposit, and capital, or either, shall be estimated by the proper
assessor or assistant assessor, and shall be certified by him to the com-
missioner. And in all cases in which the person, bank, association, com-
pany, or corporation required by law to make payment of taxes to the
commissioner, shall neglect or refuse to make such payment within the
Tax, how col- time required, the commissioner shall certify the amount of tax due by

lected * such person, bank, association, or corporation, with all the penalties, addi-

tions, and expenses accruing, to the collector of the proper district, who
shall collect the same by distraint and sale, as in other cases* And the
same proceedings may be had to enforce the collection of taxes which
have already accrued and which still remain unpaid* And if any person,'
bank, association, company, or corporation, liable to pay any duty, shall
Amount doe to n 0gkct or refuse to pay the same after demand, the amount shall be a lien

be a lien. in favor of the United States from the time it was due until paid, with the

interests, penalties, and costs that may accrue in addition thereto, upon all

THIRTY-EIGHTH CONGRESS. Sbss. H. Co. 78- 1865.

471

property and rights to property ; and the collector, after demand, may levy Levy,
or by warrant may authorize a deputy collector to levy upon all property
and rights to property belonging to such person, bank, association, com-
pany, or corporation, or on which the said lien exists, for the payment of
the sum due as aforesaid, with interest and penalty for non-payment, and
also of such further sum as shall be sufficient for the fees, costs, and ex-
penses of such levy. And In all cases of sale, the certificate of such sale Effect of cer-
by the collector shall have the same effect as is prescribed by the one hun- fa™** 6 of 8flle -
dred and nineteenth section of the act to which this is an amendment.
And all persons and officers of companies or corporations are required, on
demand of a collector or deputy collector about to distrain or having dis-
trained on any property and rights of properly, to exhibit all books con- Books to be
taming or supposed to contain evidence or statements relating to the exWWted.
Rubject or subjects of distraint, or the property or rights of property
liable to distraint for the tax so due as aforesaid: Provided, That in
any case of distraint for the payment of the duties or taxes aforesaid, g^^^^eT
the goods, chattels, or effects so distrained shall and may be restored to ^ayi* restored,
the owner or possessor, if prior to the sale payment of the amount due
or tender thereof shall be made to the proper officer charged with the col-
lection of the full amount demanded, together with such fee for levying,
and such sum for the necessary and reasonable expense of removing, ad-
vertising, and keeping [the] goods, chattels, or effects so distrained, as may
be prescribed by the commissioner of internal revenue ; but in case of
non-payment or tender as aforesaid, the said officers shall proceed to sell the
said goods, chattels, or effects at public auction, and shall .and may retain
from the proceeds of such sale the amount demandable for the use of the
United States, with the necessary and reasonable expenses of distraint
and sale, and a commission of five per centum thereon for his own use,
rendering the overplus, if any there be, to the person whose goods, chat- Overplus to be
tels, or effects shall have been distrained: Provided, further, That there returneti '
shall be exempt from distraint the tools or implements of a trade or pro- Exempt from
fession, one cow, arms, and provisions, and household furniture kept for distraint,
use, school-books, and apparel necessary for a family."

That section thirty-eight be amended by striking therefrom the words
"thirty-five," and inserting ia lieu thereof the words tt thirty-six/' ,

That section forty be amended by inserting after the words "appoint-
ment of a successor," the words : " Provided, That in case it shall appear Vacancy in of*
to the Secretary of the Treasury that the interest of. the government fice of co " ector *
shall so require, he may, by his order, direct said duties to be performed Ante, p. 239.
by such other one of the said deputies as he may in such order designate*"

That section fifty-two be amended by inserting before the words " That Oaths,
all assessors," the words " And be it further enacted ; " by inserting after AvSe ^ p 242
the word u deputies," the words u revenue agents ; " and by striking out '
after die word " charged " the word " and," and inserting in lieu thereof
the word "or."

That section fifty-three be amended by inserting after the word " dis- Ante, p. 242.
tiller," where it first occurs, the words " before distilling any spirits ; " by
striking out after the word "any," and preceding the words w still or
stills," the word " additional ; " by striking out after the word " used," and
preceding the words " shall be erected " the words * as aforesaid," and
inserting in lieu thereof the words " for distilling ; " and by inserting after
the words "shall be erected," the words " or used."

That section fifty-four be amended by striking out the words " the same," Application for
and inserting in Heu thereof the words « and owning the same, and owning j^ 86 a8& ^ 9 '
the building used as a distillery, and the land on which the same is located,
and if the building or land is leased, the terms and conditions of the
lease ; " and by striking out the word " one," and inserting in lieu thereof
the word " three."

That section fifty-five be amended by inserting after the wordB "said

472 - - THIRTY-EIGHTH CONGRESS. Sess. H. Ch. 78. 1865.

Tax a Hen on
spirits distilled,

w Gallon " to
mean what
Jnfe,p.248*

Brandy from
grapes, j&c
<4«te, p. 244

Duty on cer-
tain spirits.

Penalty for
changing inspec-
tion mark.

Goal oil may
be placed In
warehouse, &c

Ante, p. 245.

Penally npon
-brewers and dis-
tillers.

Ante, p. 248.

Disposition of
goods of peddler
adzed, &e.

Ante, p. 249.

Persons who
may carry on
business as co-
partners.

Ante, p. 251.

Lottery-ticket
dealers.

Ante, p. 252.
Brokers.

duties shall be a lien," the words " on the spirit distilled and ; * -and by
adding at the end of the first proviso the words " except when made and
used in the manufacture of vinegar or acetic acid, in which case the duties
shall be collected on the basis of the actual proof"

That section fifty-six be amended by adding at the end of the section
'the following words, to wit: "and in all sales of spirits hereafter made,
where not otherwise specially agreed, a gallon shall be taken to be a gal-
lon of first proof, according to the standard set forth and declared for
the inspection and gauging of spirits throughout the United States.**

That section fifty-seven be amended by striking oat the words " twenty-
five," in the last proviso, and inserting " fifty " in its place ; and by adding
to the said proviso the following words, "and distilled from apples or
peaches, shall pay one dollar and fifty cents per gallon."

That section fifty-nine be amended by striking out the words " so in-
spected and," and also " forthwith," in the last clause of the first sentence ;
and by adding to the said sentence, after the word " warehouse," the words
* before the day prescribed by law for making return of the same ; " and
by striking out the words " one hundred," and inserting in lieu thereof the
words " three hundred."

That section sixty-one be amended by striking out after the words " and
all," the words " refined coal oil " and inserting in lieu thereof the words
"distilled or refined coal oil, distillate benzoin or benzole;" also by in-
serting after the word " warehouse," and before the words " and no draw-
back," the following words, " and the same fees shall be paid for exports
as are charged to exporters for like services in the custom-house ; " and
by inserting after the word* "redistilled," and before the words "for
export," the words " or canned." *

That section sixty-eight be amended by inserting after the word " suits **
•the words " and shall be deemed guilty of a misdemeanor, and be subject
to imprisonment for a term not exceeding one year ; " and that the pro-
viso to said section be amended by adding after the words " forfeiture
shall have" the word "been;" and by striking out the word "the"
where it occurs the second time before the word " nature."

That section seventy-four be amended by striking out the word " or "
after the word "with," and inserting, in lieu thereof, the word "one ;"
and by striking out the words " and hold the same until the license is pro-
duced," and inserting in lieu thereof the words " and the assessor of the
district in which the seizure has occurred may, on ten. days* notice, pub-
lished in any newspaper in the district, or served personally on the ped-
dler, or at his dwelling-house,, require such peddler to show cause, if any
he .has, why the horses, wagon, and contents, pack, bundle, or basket so
seized shall not be forfeited ; and, in case no sufficient cause is shown, the
assessor may direct a forfeiture, and issue an order to the collector or to
any deputy collector of the district for the sale of the property so forfeited ;
and one half of the same, after payment of the expenses of the proceed-
ings, shall be paid to the officer making the seizure, and the other half
thereof to the collector for the use of the United States."

That section seventy-nine be amended by inserting in the first para-
graph, after the words " chum agents," the words " patent agents ; " by
striking out, in the same paragraph, the words " carrying on such/* and
inserting in lieu thereof the words "may carry on ; " by striking out, in
the same paragraph, the words " may transact such business : " Provided,
That no license shall hereafter issue until the managers of a lottery now
existing shall give bond, in the sum of one thousand dollars, that the per-
son receiving such license' shall not sell any ticket, or supplementary
ticket of such lottery which has not been duly stamped according to law ;
by inserting, in paragraph nine, after the words " other securities," the
words "for themselves or others;" by striking from said paragraph the
words "and shall make oath or affirmation, according to the form to be

THIRTY-EIGHTH CONGRESS. Ssss. H Gri 78* 'i«65.

473

prescribed by the commisdoner of internal revenue, that all their trajrtf*
actions are made for a commission;" by striking out the proviso a^&e
end of paragraph w twenty-eight ; " by adding to paragraph tfcirry*two.the
following proviso: u Provided, farther, That no man between the ages of
twenty and forty-five who is not enrolled for military duty, or regularly
exempted from enrolment or draft for physical disability, shall be entitled
to a hcense as a peddler."

By striking out all of paragraph "forty-jrine," and inserting in Men
thereof the following, to wit: —

w Forty-nine. Miners shall pay for each and every license the sum of
tot dollars. Every person, firm, or company who shall employ others in
the business of mining for coal, or for gold, silver, copper, lead, iron, zinc,
spelter, or other minerals, not having taken out a license as a manufac-
turer, and no other, shall be regarded as a miner tinder this act : Provided,
That this shall not apply to any miner whose receipts from his mine shall
not exceed annually one thousand dollars.

" Fifty* A license of ten dollars shall be required of every person,
firm, or company engaged in the carrying or delivery of money, valuable
papers, or any articles for pay, or doing an express business, whose gross
receipts therefrom exceed the sum of six hundred dollars pen annum.
Bat one license fee of ten dollars shall be required from any one person,
firm, or company in respect to all the business to be done by audi person,
firm, or company on a continuous route* and the payment of such license
fee shall cover all business done upon such route by such person, firm, or
company, anywhere in the United States ; and such license fee shall be
required only from the principal in such business, and not from any sub-
ordinate*

« Fifty-one. Substitute brokers shall pay one hundred dollars for each
and every license, and in addition thereto ten dollars for each substitute

frocnred by him and actually mastered into the military service of the
Jnited States. Every person who shall furnish or offer to furnish for pay,
fee, or reward, volunteers, representative recruits, or substitutes for men
drafted or liable to be drafted, for the military or naval service of the
United States, shall be deemed a substitute broker under this act: Pro-
vided, however, That persons appointed by any state, county, city, town-
ship, or district, or the officers thereof, to proctfre the enlistment of volun-
teers or substitutes to fill the quota of such state, county, city, township,
or district, for the military service of the United States, under the call
of the President of the United States, shall not be considered substitute
brokers: And provided, further, That such person or agent shall receive
no compensation except that which is given by such state, county, town,
city, or district

" Fifty-two. Insurance brokers shall pay twenty-five dollars for each
license. Any person who shall negotiate or procure insurance in behalf
of another person or party for which he shall receive any pay, commission,
or compensation, shall be regarded as an insurance broker under this act,"
and the licenses herein provided for shall take effect on the first day of
May next

That section eighty-one be amended by striking therefrom the words
* seventy-three," and inserting in lieu thereof the words " seventy-four,"
and by striking out the words " to vinters," and inserting in lieu thereof
the words " nor to vintners."

That section eighty-three be amended by inserting after the words
" within his district, monthly," the .words " within ten days from the twen-
tieth day of each month," and by inserting after the words " such duties
within" the word "said," and by striking out after the words "ten days,"
following the words u after demand in writing delivered to him in person,
or left at his house or place of business, or manufactory, or sent by mail/ 1

That section eighty-four be amended by striking out the words " eighty

Insurance
agents, &c

Peddlers.

I&enses.'
Miners*

Proviso*

Substitute bro*

Proviso*

Proviso*

Insurance bro-
kers.

Ante^ p. 258.

1

474

THIRTY-EIGHTH CONGRESS. Sess, IL Ca. 7a 1865.

Manir&cturers*
Freight.

4«*te, p. 261.

Manufacturers
of tobacco, &c;

Ante, p. 262.

to make re-
turns, &c, Jan-
uary 1st of each
year;

and each
month.

If duties- are
not paid.

Tin-foil for cov-
ering tobacco.

Tobacco may
be transferred to
bonded ware-
house.

first" and inserting in lien thereof the words " eighty-second," and by
striking oat the words a eighty-fourth/' and inserting in lies thereof the
words " eighty-fifth."

That section eighty-six be amended by striking out the words " deposit
at the time of sale," after the words "freight from die place o£" and in-
serting in lieu thereof the word * manufacture," and in the nest following
paragraph by striking out the word "that" where it first occurs, and
inserting in Hen thereof the word "the."

That section eighty-seven be amended by striking out after the words
" accurately setting" the word " for," and inserting in lieu thereof the
word u forth," and after the words "description of the manufactured
article," by striking out the words * the proposed market for the same,
whether foreign or domestic," and by inserting after the word " assessor,"
and preceding the word " assistant," the word "or."

That section ninety be amended by striking cut all after the enacting
clause and inserting in lieu thereof the following : u That any person,
firm, company, or corporation, now or hereafter engaged in the manufac-
ture of tobacco, snuff, or cigars of any description whatsoever, shall be,
and hereby is, required to make out and deliver to the assistant assessor
of the assessment district a true statement or inventory of the quantity
of each of the different kinds of tobacco, snuff-flour, snuffy cigars, tin-fan,
licorice, and stems held or owned by him or them on the, first day of
January of each year, or at the time of commencing business under this
act, setting forth what portion of said goods was manufactured or produced
by him or them, and what was purchased from others, whether chewing,
smoking, fine-cut, shorts, pressed, plug, snuff-flour, or prepared snuf£ or
cigars, which statement or inventory shall be verified by the oath or af-
firmation of such person or persons, and be in manner and form as pre-
scribed by the commissioner of internal revenue ; and every such person,
company, or corporation i shall keep in a book, in such manner and form
as said commissioner may prescribe, an accurate, account of all the arti-
cles aforesaid thereafter purchased by him or them, the quantity of tobacco,
snuff, snuff-flour, or cigars, of whatever description sold, consumed, or
removed for consumption or sale, or removed from the place of manufac-
ture ; and he or they shall, on or before the tenth day of each month,
furnish to the assistant assessor of the district a true and accurate copy
of the entries in said book during the preceding month, which copy shall
be verified by oath or affirmation ; and in case the duties shall not be paid
within five days after demand thereof, the said collector may, on one day's
notice, distrain for the same, with ten per centum additional on the amount
thereof, subject to all the provisions of law relating to licenses, returns,
assessments, payment of taxes, liens, fines, penalties, and forfeitures, not
inconsistent herewith in the case of other manufacturers ; and such duty
shall be paid by the manufacturer or the person for whom the goods are
manufactured, as the assessor may deem best for the collection of the
revenue : Prowded, That it shall be the duty of any manufacturer or
vendor of tin-foil or other material used in covering manufactured tobacco,
on demand of any officer of internal revenue, to render to such officer a
correct statement, verified by oath or affirmation, of the quantity and
amount of tin-foil or other materials sold or delivered to any person or
persons named in suck demand ; and in case of „ refusal or neglect to ren-
der such statement, or of cause to believe such statement to be incorrect
or fraudulent, the assessor of the district may cause an examination of
persons, books, and papers to be made, in the same manner as provided in
the fourteenth section of this act : Provided, Jurtfter, That manufactured
tobacco, snuff, or cigars, whether of domestic manufacture or imported,
may be transferred, without payment of the duty, to a bonded warehouse
established in conformity with law and treasury regulations, under such
rules and regulations and upon the execution of such transportation bonds

THIRTY-EIGHTH CONGBESS. Sjess. H. Ch. 78. 1865.

475

or other security as the Secretary of the Treasury may prescribe, said Tobacco,
bonds or other security to be taken by the collector of the district from
which such removal is made ; and may be transported from such a ware-
house to a bonded warehouse used for the storage of merchandise at any
port of entry, and may be withdrawn from bonded warehouse for con-
sumption on payment of the duty, or removed for export to a foreign
country without payment of duty, in conformity with the provisions of law
relating to the removal of distilled spirits, all the rules, regulations, and
conditions of which, so far as applicable, shall apply to tobacco, snuff, or
cigars in bonded warehouse. And no drawback shall in any case be No drawback
allowed upon any manufactured tobacco, sntu% or cigars, upon which any 0X1 tobacc0 '
excise duty has been pud, either before or after it has been placed in
bonded warehouse."

That section ninety-one be amended by striking out all after the enact?'
ing clause, and inserting in lien thereof the following : a That all manu-
factured tobacco, snuf£ or cigars, whether of domestic manufacture or Tobacco.Jsanff,
imported, shall, before the same is used or removed for consumption, be *^L^ b i**'
inspected and weighed by an inspector appointed under the fifty-eighth 8 P ecCea >
of the act to which this is an amendment, who shall mark or affix

sec

Fees.

a stamp upon the box or other package containing such tobacco, snuff, or
cigars, in a manner to be prescribed by the commissioner of internal rev-
enue, denoting the kind or form of tobacco and the weight of such pack-
age, with the date of inspection and the name of the inspector. The foes
or such inspector shall in all cases be paid by the owner of the manu-
factured tobacco, sncu% or cigars, so inspected and weighed* And the
penalties for the fraudulent marking of any box or other package of to- Penalties,
baceo, snm% or cigars, and for any fraudulent attempt to evade the duties
on tobacco, snuff, or cigars, so inspected, by changing in any manner the
package or the marks thereon, shall be the same as are provided in rela-
tion to distilled spirits by existing laws. And all cigars manufactured Cigars to be
after the passage of this act shall be packed in boxes. And any manu- P*<&*1-
factured tobacco, snuff, and cigars, whether of domestic manufacture or Certain to-
imported, which shall be sold or pass out of the hands of the manufac- j^^Jj^ to
turer or importer, except into a bonded warehouse, without the inspection
marks or stamps affixed by the inspector, unless otherwise provided, shall
be forfeited, and may be seized wherever found, and shall be sold, one
half of the proceeds of such sale to be paid to the informer, and the other
moiety to the United States. The commissioner of internal revenue shell
keep an account of all stamps delivered to the several inspectors; and Stamps,
said inspectors shall also keep an account of all stamps by them used, or
placed upon boxes containing cigars, and of all tobacco* snuff, and cigars
inspected, and the name of the person, firm, or company for whom the
same were bo inspected, and return to the assessor of the district a sepa-
rate and distinct account of the same ; and also return to the said com*
missioner on demand all stamps' not otherwise accounted for, and shall
give a bond for a faithful performance of all the duties to which he may*
be assigned, and to return or account for all stamps which may be placed
in his hands.

That section ninety-two be amended by striking out the words **f?y this
t» sm<i fiMovting'ii! K ea thereof the words " by law."

act," and

Pea coaL

Gras.

That section ninety-four be amended by inserting after the words M | pea
coal* the words "or coal that will pass through a five-eighth inch, and
over a three-eighth inch mesh;" m the paragraph relating to gas, by add-
ing after the words " understood to be," in the first proviso, the words "In
addition to the gas consumed by said company or other party ; "* by in-
serting in the last proviso in the paragraph on gas, after the words " coal- Jute, pp. 284, 265.
tar," where they first occur, the words "and ammoniacal liquor;" and by
inserting after the words * coal-tar," where they occur the second time in
said proviso, the words "and the products of the manufacture of amnio-

476

THIBTY-EIGHTH CONGRESS. Sass. It Cs. 78. 1865,

r-

Sugar.
Ante, p. 28b.

Gunpowder.

Naphtha, niacal liqaor ;" by inserting after the word "naphtha," in the paragraph
relating to coal illuminating oil, the word "distillate;" by inserting after
the words "returns, assessments," the words "removing to and withdraw*
ing from warehouses ; " by striking from the proviso relating to naphtha,
after the word "exceeding/ 9 the word "eighty/' and inserting in lieu
thereof the word " seventy ; " by striking oat of the first paragraph re-
lating to " sugar " the words " brown or Muscovado ; " and by striking out
of the second paragraph relating to "sugar" the words "all clarified or
refined; 91 and by striking oat of the third paragraph relating to "sugar"
the words " all clarified or refined ;" by striking from the paragraph re-
lating to gunpowder the words " at twenty-eight cents per pound or less,
a duty of one cent per pound ; when valued above twenty-eight and not
exceeding thirty-eight cents per pound, a duty of one and a half cent per
pound," and inserting in lieu thereof " at thirty-eight cents per pound or
less, five per centum ad valorem ; " and by striking out, in the last line
of said paragraph, the word " eight," and inserting in lieu thereof the
Bfltieaas, &o. word "ten;" by inserting in the paragraph relating to "bill-heads,
printed," after the word "circulars," the words ''law-blanks, conveyancers'
blanks, and other printed forms ;" by adding at the end of the paragraph
relating to printed books the words " which shall be paid by the publishers
Photographs, thereof;" by inserting in the paragraph relating to photographs, after the
words "being copies of engravings or works of art," the words "when
the same are sold by the producer at wholesale at a price not exceeding
Hons of vessels, ten cents each, or are ; " by striking from the paragraph relating to " hulls,
as launched," the word "launched," and inserting in lieu thereof the words
"finished, including cabins, inner and upper works;" by inserting after
Sails, tents, &c the word "sewing," in the proviso 'to the paragraph relating to "sails,
tents, awnings, and bags," the words " or pasting ; " by inserting at the
end of the paragraph relating to stoves and hollow-ware the following :

" On railroad chairs, and railroad, boat, and ship spikes and tubes, made
of wrought iron, five dollars per ton ; " by striking out, in the second pro-
viso of the paragraph relating to " rivets," the words " upon which no duty
has been assessed or paid," and inserting in lieu thereof the words " the
duty to which it was liable ; " and after the word " loops," in the line fol-
lowing, inserting "not having been paid;" by striking out the paragraph
relating to steam-engines, and inserting in lieu thereof the following words :
" On steam, locomotive, and marine engines, including the boilers and all
their parts, a duty of five per centum ad valorem: Provided, That when
such boilers shall have been once assessed and a duty previously paid
thereon, the amount so paid shall be deducted from the duties on the fin-
ished engine*

" On boilers of all kinds, water-tanks, sugar-tanks, oil-stills, sewing-ma-
chines, lathes, tools, planes, planing-machines, shafting and gearing, a duty
of five per centum ad valorem.

" On iron railings, gates, fences, furniture, and statuary, a duty of five
per centum ad valorem ; " by adding at the end of the paragraph relating
to quicksilver the following: "Provided, That quicksilver may be trans-
ferred, without payment of the duty, to a bonded warehouse established
in conformity with law and treasury regulations, under such rules and
regulations and upon the execution of such transportation bonds or other
security as the Secretary of the Treasury may prescribe ; said bonds or
other security to be taken by the collector of the district from which such
removal is made ; and may be transported from such warehouse to a bonded
warehouse used for the storage of merchandise at any port of entry ; and
quicksilver so bonded may be withdrawn from the bonded warehouse for
consumption on payment of the duty, or removed for export to a foreign
country without payment of duty, in conformity with the provisions of
law relating to the removal of distilled spirits, all the rules, regulations,
and conditions of which, so far as applicable, shall apply to quicksilver

Railroad
chairs, &c '

Ante, p.

Steam, &c,
engines.

Boilers, tanks.

iron railing*
gates, &c.

Quicksilver.

THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 78. 1865.

477

Cloth.

in bonded warehouse; and no drawback shall in any case be allowed upon No drawback
any quicksilver upon which any excise duty has been paid, either before 011 «puck*a*»r
or after it has been placed in bonded warehouse ; " by adding at the end
of the paragraph relating to copper and lead ingots the following proviso:
" Prov%ded> however. That brass made of copper and spelter, on which a Brass,
duty of three per centum ad valorem shall have been assessed and paid,
shall be assessed and pay a duty of three per centum on the increased
value only thereof ;" by inserting in the paragraph relating to rolled brass,
after the word " sheets," the words " copper, zinc, and brass nails or riv- Copper, &&,
ets;" by adding to the paragraph relating to patent, enamelled, ^d**!^*
japanned leather, the words * Provided, That when a duty has been paid featK;
on the leather in the rough, the duty shall be assessed and paid only on
the increased value;" by striking out all of the first sentence of the pro-
viso in the paragraph relating to wines or liquors, and inserting in lieu a Wines or
thereof the words "Provided, That the return, assessment, collection, and ^V * 8 *
the time of collection of the duties on such wines, and wine made of Ante, p. 269.
grapes, shall be subject to the regulations of the commissioner of internal
revenue ; " by inserting in the paragraph relating to cloth, after the word
" felted," Hie words " articles or ; " after the word " warps," in the proviso
of said paragraph, by striking out the word "for," and inserting in lieu
thereof the words " sold before ; " by inserting in the paragraph relating
to ready-made clothing, after the word " dress," the words " not otherwise Clothing,
assessed and taxed as such; 19 and by striking out of the same paragraph
all after the words " does not exceed the sum of," and inserting the words
« one thousand dollars per annum shall be exempt from duly ;" by insert-
ing in the paragraph relating to manufactures of cotton, after the word Mamrfacfauea
« cloths," in the first proviso, the words " or articles," and after the word of ******
"fabrics," in the second proviso, the words "or articles ;" by striking out Ant^ p. 270*
the words " as aforesaid," where they occur the second time in said pro-
viso, and by inserting at the end of said proviso the words "and when
made wholly by the same manufacturer shall be subject to a duty only of
five per centum ad valorem; " by striking out in [the J paragraph relating
to diamonds, precious stones, and imitations thereof and all other jewelry, Diamonds, &c
the word a ten," and inserting in lieu thereof the word "five;" by striking
out of said section the several paragraphs from the words "on cavendish,
plug, twist," down to and including the words " and the other to the United
States," and inserting in lieu thereof the following :

"On snuff, manufactured of .tobacco or any substitute for tobacco, Snuff,
ground dry or damp, pickled, scented, or otherwise, of all descriptions,
when prepared for use, forty cents peTpound.

" On cavendish, plug, twist, and all other kinds of manufactured tobacco, Tobacco*
not herein otherwise provided for,. forty cents per pound.

" On tobacco twisted by hand, or reduced from leaf into a condition to
be consumed, without the use of any machine or instrument, and with*
out being pressed, sweetened, or otherwise prepared, thirty cents per
pounfl*

" On fine-cut chewing tobacco, whether manufactured with the stems' in
or not, or however sold, whether loose, in bulk, or in rolls, packages,
papers, wrappers, or boxes, forty cents per pound*

"On smoking tobacco of all kinds, and imitations thereof, not otherwise
herein provided for, thirty-five cents per pound*

"On smoking tobacco made exclusively of stems, and so sold, fifteen
cents per pound.

" On cigarettes made of tobacco, enclosed in a paper wrapper, and put
up in packages containing not more than twenty-five cigarettes, and val-
ued at not more than five dollars per hundred packages, five cents per
package,

" On all cigars, cheroots, and cigarettes, made wholly of tobacco/ or of Cigars, &c
any substitutes therefor, ten dollars per thousand cigars ;" by inserting in

478 THIRTY-EIGHTH CONGRESS. Sbss. R Cel 78. 2865.

the last paragraph relating to cigars, after the words " imprisonment not
Permit for sale exceeding thirty days," the words, " And any person furnished with such
«rc$gro before permit may apply to the assistant assessor or inspector of the district to
nspection. tiave any cigars of their own manufacture counted ; and on receiving a

certificate of the number for which such fee as may be prescribed by the
commissioner of internal revenue shall be paid by the owner thereof,
may sell and deliver such cigars to any purchaser, in the presence of said
assistant assessor or inspector, in bulk or unpacked, without payment of
the duty* A copy of the certificate shall be retained by the assistant
assessor, or by the inspector, who shall return the same to the assistant
assessor of the district The purchaser shall pack such cigars in boxes,
and have the same inspected and marked or stamped according to the
provisions of this act, and shall make a return of the same as inspected
to the assistant assessor of the district, and, unless removed to a bonded
warehouse, shall pay the dudes on such cigars within five days after
purchasing them to the collector of the district wherein they were manu-
factured, and before the same have been removed from the store or build-
ing of such purchaser, or from his possession ;.and any such purchaser who
shall neglect for more than five days to pack and have such cigars duly in-
spected, and pay the duties thereon according to this act, or who shall
purchase any cigars from any person not holding such permit, the duties
thereon not having been paid, shall be deemed guilty of a misdemeanor,
and be fined not exceeding five hundred dollars, and be imprisoned not
exceeding six months, at the discretion of the court, and the cigars shall
be forfeited and sold, one fourth for the benefit of the informer, one fourth
for the officer who seized or had them condemned, and one half shall be
paid to the government"
Cider and cider- That section ninety-six be amended by inserting after the words " con-
vinegar, centrated milk," 'the words ^ cider and cider-vinegar, and sugar or molas-
AnUy p. 972. 869 made from other articles than the sugar-cane ; " by striking out after
the words " use exclusively," the words M materials, prepared for the manu-
Hoop-Bkirts. facture of hoop-skirts exclusively, and unfit for other use, such as/* and
inserting in lieu thereof the word " and," and by striking out the words
" for joining hoops together," and inserting in lieu thereof the words " used
in the manufacture of hoop-skirts"
Sales, &&, of That section ninety-nine be amended by striking out the words "gold
cpti* &*» and silver bullion and coin," and by striking out the words u of all con-
Ante, p. 27ft. tracts for such sales," and inserting in lien thereof the words " upon any
sales or contracts for the sale of gold and silver bullion and coin, one
tenth of one per centum on the amount of such sales or contracts,"
Railroads, That section one hundred and three be amended by adding the follow*
steamboats, ca- fag after the word " vehicle," where it occurs the second time in the
nal-boats, stages, g^^, "Provided, That this section shall not apply to those teams,

wagons, and vehicles used in the transportation of silver ores from the
Anle, p. 375. mines where the same is [are] excavated to the place where they are re-
duced or worked*"

That section one hundred and three be further amended by inserting
after the words "and any foreign port," the words w but such duly shall
be assessed upon the transportation of persons and property shipped from
a port within the United States, through a foreign territory, to a port
within the United States, and shall be assessed upon, and collected from,
persons, firms, companies, or corporations within the United States re-
ceiving such freight or transportation." And that section one hundred
and three be amended by adding at the end of said section the following:
u And prwttfedjurtker, That no tax under this section shall be assessed
upon any person whose gross receipts do not exceed one thousand dollars
per annum."

That section one hundred and five be amended* by striking out, at the
end thereof, the words " for the quarter then next preceding."

THIRTY-EIGHTH CONGRESS. Sess. II. Cau 78. 186$.

That section one hundred and nine be amended by striking out, after
the words "one hundred and," the word "twe," and inserting in lieu
thereof the word « three."

That section one hundred and ten be amended by striking oat, after
the words "and redemption thereof" the words *nor to any savings bank
having no capital stock, and whose business is confined to receiving de-
posits and loaning the same on interest for the benefit of the depositors
only, and which do no other business of banking."

That section one hundred and sixteen oe amended by striking out all
after the enacting . clause, and indenting in lieu thereof the following:
" That there shall be levied, collected, and paid annually upon the annual
gains, profits, and income of every person residing in the United States,
or of any citizen of the United States residing abroad, whether derived
from any kind of property, rents, interests, dividends, or salaries, or from
any profession, trade, employment, or vocation, carried on in the United
States or elsewhere, or from any other source whatever, a duty of five per
centum, on the excess over six hundred dollars and not exceeding five
thousand dollars, and a duty of ten per centum on* the excess over five
thousand dollars ; and in ascertaining the income of any person liable to
an income tax, the amount of income received from institutions whose
officers, as required by law, withhold a per centum of the dividends made
by such institutions and pay the same to the commissioner of internal
revenue, or other officer authorized to receive the same, shall be included ;
and the amount so withheld shall be deducted from the tax which other-
wise would be assessed upon such person. And the duty herein provided
for shall be assessed, collected, and paid upon the gains, profits, and income
for the year ending the thirty-first day of December next preceding the
time for levying, collecting, and paying said duty: Provided, That incomes
derived from interest upon notes, bonds, and other securities of the United
States, and also all premiums on gold and coupons shall be included in
estimating incomes under this section. Provided, further, That only one
deduction of six hundred dollars shall be made from the aggregate in-
comes of all the members of any family composed of parents and minor
children, or husband and wife : And provided, further, That net profits
realized by sales of real estate purchased within the year for which income
is estimated, shall be chargeable as income ; and losses on sales of real estate
purchased within the year for which income is estimated, shall be deducted
from the income of such year*"

That section one hundred and seventeen be amended by striking out
all alter the enacting clause, and inserting in lieu thereof the following :
" That in estimating the annual gains, profits, and income of any person,
all national, state, county, and municipal taxes paid within the year shall
be deducted from the gains, profits, or income of the person who has
actually paid the same, whether owner, tenant, or mortgagor ; also the
salary or pay received for services in the civil, military, naval, or other
service of the United States, including senators, representatives, and dele-
gates in congress, above the rate of six hundred dollars per annum ; also
the amount paid by any person for the rent of the homestead used or
occupied by himself or his family, and the rental value of any homestead
used or ocenpied by any person or ' by his. family, in his own right or in
the right of his wife, shall not be included and assessed as part of the in-
come of such person* In estimating the annual gains, profits, or income
of any person, the interest received or accrued upon all notes, bonds, and
mortgages, or other forms of indebtedness bearing interest, whether paid
or not, if good and collectable, less the interest paid by or due from such
person, shall be included and assessed as part of the income -of such person
for each year ; and also all income or gains derived from the purchase and
sale of stockb or other property, real or personal, and of live stocky and
the amount of Hve stock, sugar, wool, butter, cheese, pork, beef, m"

Savings banks.
Ante, p. 278.

Income tax.
Bate.

Incomes,
now ascertained*

Proviso*

Deduction.

Profits, &c. r
from sa{& of real
estate.

Deductions.
Taxes.

Kent.

Interest.

Gains from
sales.

480 . THntTY-EIGHTH CONGEST * • S&s. IE Cr. 78* 1865.

lira stock, or- other meats, hay and grain, or other vegetable or other productions,
proda**, being the growth or produce of the estate of such person sold, not indud-

lug any part thereof unsold or on hand daring the year next preceding
the thirty-first of December, until the same shall be sold, shall be included
and assessed as part of the income of snch person for each year, and his
share of the gains and profits of all companies, whether incorporated or
partnership, shall be included in estimating the annual gains, profits, or
income of any person entitled to the same, whether divided or otherwise*

Ambimtspaid In estimating deductions from income, as aforesaid, when any person
&r labor, &c rents buildings, lands, or other property, or hires labor to cultivate land,

or to conduct any other business from, which such income is actually de-
rived, or pays interest upon any actual incumbrance thereon, the amount
actually paid for such rent, labor, or interest, shall be deducted ; and also

Repair*. the amount paid out for usual or ordinary repairs, not exceeding the aver-
age paid out for such purposes for the preceding five years, shall be de-
ducted, but no deduction shall be made for any amount paid out for new
buildings; permanent improvements, or betterments, made to increase the

Proviso. value of any property or estate : Provided, That in cases where the salary
or other compensation paid to any person in the employment or service of
the United States shall not exceed the rate of six hundred dollars per
annum, or shall be by fees, or uncertain or irregular in the amount or in
the time during which the same shall have accrued or been earned, such
salary or other compensation shall be included in estimating the annual
gains, profits, or income of the person to whom, the same shall have been
paid, in such manner as the commissioner of internal revenue, under {he
direction of the Secretary of the Treasury, may prescribe."

List or return* That section one hundred and eighteen be amended by striking out all
after the enacting clause, and inserting in lieu thereof the words, « That

date, p. 283. h shall be the duty of all persons of lawful age to make and render a list
or return, in such form and manner as may be prescribed by the com-
missioner of internal revenue, to the assistant assessor of the district in
which they reside, of the amount of their income, gains, and profits, as
aforesaid^ and all guardians and trustees, whether as executors, adminis-
trators, or in any other fiduciary capacity, shall make and render a list
or return, as. aforesaid, to. the assistant assessor of the district in which
snch guardian or trustee resides, of the amount of income, gains, and
profits of any minor or person for whom they act as guardian or trustee $
. and the assistant assessor shall require every list or return to be verified

Oath. by e 4he oath or anlrmation of the party rendering it, and may increase

Increase. ' the amount of any list or return, if he has reason to believe that the
same is understated ; and in case any person, guardian, or trustee shall

Neglect, or neglect or refuse to make and render such list or return, or shall render a
febe returns. . ffcge'or fraudulent list or return, it shall be the duty of the assessor or the

assistant assessor to make such list, according to the best information he
can obtain, by the examination of such person, and his books and ac-
counts, or any other evidence, and to add twenty-five per centum as a

Penalty. penalty to the amount of the duly due on such list in all cases of wilful
neglect or refusal to make and render a list or return, and, in all cases of
a raise or fraudulent list or return having been rendered, to add one hun-
dred per centum, as a penalty, to the amount of duty ascertained to be
due, the duty and the additions thereto as penalty to be assessed and
collected in the manner provided for in other cases of wilful neglect or
refusal to render a list or return, or of rendering a false and fraudulent

Proviao. return t PtovidetL* That any party, in his or her own behalf, or as guar-
dian or trustee, shall be permitted to declare, under oath or affirmation,
the form and'manner of which shall be prescribed by the commissioner
of internal revenue, that he or she, or his or her ward or beneficiary,
was'not possessed of an income of six hundred dollars, liable to be as-
sessed according to the provisions of this act or may declare that he or

THIRTY-EIGHTH CONGRESS. Sess. II. Ch. 78.

she has been assessed and paid an income duty elsewhere in the same Income paid in

year, under authority of the United States, npon his. or her gains trod another

profits, as prescribed by law, and- if the assistant assessor shall be satisfied

of the troth of the declaration, shall thereupon be exempt from income

duty in said district; or if the list or return of any party shall have been

increased by the assistant assessor, such party may exhibit his books and

accounts, and be permitted to prove and declare, under oath or affirma- Amount of in-

tkm, the amount of annual income liable to be assessed ; but such oaths SJ^^

and evidence shall not be' considered as conclusive of the facts, and no

deductions claimed in such cases shall be made or allowed until approved

by the assistant assessor* Any person feeling aggrieved by the decision

of the assistant assessor in such cases may appeal to the assessor of the Appeal.

district, and his decision thereon, unless reversed by the commissioner

of internal revenue, shall be final, and the form, time, and manner of.

proceedings shall be subject to rules and regulations Jfco be prescribed by

the commissioner of internal revenue."

That section one hundred and nineteen be amended oyr striking .out the Income tax,
words a for thirty days," and, after the words u for ten days* after," insert- wbeu Pek-
ing the words " notice and." P* 288 -

That section one hundred and twenty be amended by striking out, at .
the end thereof, the word " act," and inserting in Men thereof&be word *^ p *
"section."

That section one hundred and twenty-five be amended by striking there- Anu^ p. 2387.
from the word w and," following the word " custody," and inserting in lieu
thereof the word "any/*

That section one hundred and thirty-three be amended by adding, at gucce88l(mto
the end thereof, the following words: a Provided^ That no duty shall real- estate,
be levied in respect of any succession vesting before or subsequent to * Ante, p* 289.
the passage of this act, where the successor shall be the wife of the prede-

cessor."

That section one hundred and thirty-five be amended by striking there-
from the word " extension," and inserting in lieu thereof the word " ex-
tinction."

That section one hundred and forty-nine be amended by striking out* AnUy p. 291.
the word " assment," and inserting in Heu thereof the 'word "assessment"

That section one hundred and fifty-eight be amended by striking out,
all after the enacting clause,' and Inserting in lieu thereof the following, Ante, p. 298.*
to wit: "That any person or* persons who shall make, sign, or issue, or Penalty for
who shall cause to be made^slgned, or issued, any instrument, document, *jjkiogt paying*
or paper of any kind or description whatsoever, or .shall accept, negotiate, ^.^^^P^
or pay, or cause to be accepted* negotiated, or paid, any bill of exchange,
draft, or order, or promissory note, for the payment of money, without the
same being duly stamped or having thereupon an adhesive stamp for de-
noting the duty chargeable thereon, with intent to evade the provisions of
this act) shall for every such offence forfeit the sum of fifty dollars* and
such instrument, document, or paper, bill, draft, order* or note shall be
deemed invalid and of no effect: Provided, That the title of a j purchaser Titfo to rail to-
of laud, by deed duly stamped, shall not be defeated or affected by tiie******
want of a proper stamp on any deed conveying said land by any person
from, through, or under whom his grantor claims or holds title* And
provided^ fcrther. That hereafter, in all cases where the party has net* When and bow
affixed to any instrument [as] required by the one hundred and fifty-first see* wfcaniped in-
tion of the Act of June thirtieth, eighteen hundred and stay-four, or the tesSmped? 87
schedule marked B thereunto annexed, and ike stamp thereby required to Ant^ p. 892.
be thereunto affixed, at the time of making or issuing the said instrument,,
and he or they or any party having an interest therein shall be subse*
quendy desirous of affixing such stamp to said instrument, he er they shall
appear before the collector of the revenue of the proper district, who
shall, upon the payment of the price of the proper stamp, reouiredv by>
vol** xm Pub. — 41

482

THIRTY-EIGHTH CONGRESS- Bess. IL Ob. 78 1865.

law, and of a penalty of fifty dollars, and, where the whole amount of the
duty denoted by the stamp required shall exceed the sum of fifty dollars,
on payment also of interest at the rate of six per cent on said duty from
the day on which such stamp ought to have been affixed, affix the proper
stamp to such instrument and note upon the margin of said instrument
the date of his so doing, and the fact that such penalty* has been paid, and
such instrument shall thereupon be deemed and held to be as valid to all
intents and purposes as if stamped when made or issued ; Jnd provided,
Penalty may further, That where it shall appear to said collector, upon oath or other-
whe^&c^ wise, to his satisfaction that any such instrument has not been duly
' stamped at the time of making or issuing the same by reason of accident,

mistake, inadvertence, or urgent necessity, and without any wilful design
to defraud the United States of the stamp duty, or to evade or delay the
payment thereof, then and in such case, if such instrument shall, within
twelve calendar months after the making or issuing thereof, be brought to
the said collector of revenue to be stamped and the stamp duty charge*
•.able thereon shall be paid, it shall be lawful for the said collector to remit
the penalty aforesaid and to cause such instrument to be duly stamped."
Stamp duty not That section one hundred and sixty be amended by inserting before the
required on, &c word a| n j ury » ^ e wor d u accidental," and by striking out die words

" while travelling ; * also by striking out after the words " nor on certifi-
Anu % p. 2S4 cates " the word " or," and inserting in lieu thereof the word " of ; " and
by striking out the words "other articles," and inserting in lieu thereof
the word 46 hay"

That section one hundred and sixty-five be amended by striking out in
Ante, p. 296. the proviso the words "act contained," and inserting in lieu thereof the
word " section."

That section one hundred and sixty-seven be amended by striking out
the word "or" where it occurs the second time, and inserting after the
word * sell * the words * expose for sale."
Matches, &c~ That section one hundred and sixty-eight be amended by striking oat
rteJ* made ™ the words " lucifer or friction matches and cigar-lights or wax tapers*"
house. War *~ That section one hundred and sixty-nine be amended by inserting after

the words " who shall offer," the words a or expose ; " and by inserting
Ante, p. 297. after the words " so offered " the words " or exposed ; " and by inserting
in the proviso, after the words " imported articles,* 1 the words * except
lucifer or friction matches, cigar-lights, and wax tapers."
Receipts of ex- That " Schedule B," preceding section one hundred and seventy-one,
press companies. De amended in the paragraph marked "receipts," by inserting, after the
Ante, p. 800. frord " property," the words " except receipts issued by any persons, firms,
or companies doing business as an express or express company on *4he
delivery of any property for transportation," and that " Schedule C," pre-
ceding section one hundred and seventy-one, be amended in all the para-
Playing-cards, graphs concerning " playing-cards " by striking out, wherever it occurs,
Ante, p. 302. the word " retail." Add at the end of the paragraph marked "receipts,"
the following : "Provided, That when two or more persons shall sign the
Ante) p. 300. same receipt, one or more stamps, equal in value to the several stamps
required by this act, may be affixed to said receipt in lieu of said several
stamps."

That " Schedule B," preceding section one hundred and seventy-one,
be further amended by striking out the word "lease " in the proviso in
the clause taxing " mortgages," <fcc; and also by adding to said proviso

Assignment of the following : "And provided further, That upon each and every assign-
lease. ment f m j \ ea8e a stamp duty shall be required and paid equal to that

imposed on the original instrument, increased by a stamp duty on the
consideration or value of the assignment equal to that imposed upon the
conveyance of land for similar consideration or value."

Drawback. That section one hundred and seventy-one be amended by inserting
before the words "refined coal-oil," the words " crude petroleum or rock*

THIRTY-EIGHTH CONGRESS. Sess. IL Oh. 7JS. 1865*

483

eilj* and after the words descriptions*" by inserting -the wards
"bullion, quicksilver, ludfer or Motion matches? pigar-l%ht8, mid wax
tapers.*

That section one hundred and seventy-nine be amended by striking In proewn-r-
therefrom the words «if a collector or deputy collector * and by adding at ^C|o^m-
the end of the words a use of the United •States, 9 ' the words " and where former,
any penalty is paid without suit, or before judgment) and a moiety of the Ante, p. 306.
same is claimed by any person as informer, the Secretary of the Treasury,
on application to htm, under each regulations as he shall prescribe, shall
determine whether any claimant is entitled to such moiety and to whom
tbe^same shall be paid."

Sec. 2. And be it further enacted, That from and after the passage
of tiuVact tiie proviso to section one hundred and sixty-nine of the act to Ante, p. 297.
which Ibis act is an amendment shall not be held to apply to lucifer Matches, lights,
matches, friction matches, or other articles made in part of wood and used «■* taper*
for like purposes* nor to cigar-lights and wax tapers* '

Sec* & And be it farther enacted* That from and after the thirtieth Amounts col-
day of June, eighteen hundred and sixty-five, the gross amount of all beted, &c, to be
duties, taxes, and revenues received or collected by virtue of the several Irwur^dttiy,
acts to provide internal revenue to support the government and to pay the without deduct
interest on the public debt, and of aay other act or acts that may now or
hereafter be in force' connected with the internal revenues, shall be paid
by the officers, collectors, or agents receiving or collecting the same, daily
into the treasury of the United States, under the instructions of the Sec-
retary of the Treasury, without any abatement or deduction on account
of salary, compensation, foes, costs, charges, expenses or claiins of any
description whatever, anything in any law to the contrary notwithstand-
ing* And all moneys now directed by law to be paid to.thje commissioner
of internal revenue, including those derived, from the side of stamps, shall
, be paid into the treasury of the United States by the party making such
.payment ; and a certificate of such payment stating the name of the de- Certificate of
positer and the specific account on which the deposit was made, signed by payment.
\tbe treasurer, assistant treasurer, designated depositary, or proper officer
*of a deposit bank, and transmitted to and received by the commissioner
of internal revenue, shall be* deemed a compliance with the law inquiring
payment to be made to the commissioner, any law to. die contrary not*
withstanding: Provided, That in districts where, f?om the distance of the Proviso*
officer, collector, or agent receiving or collecting such duties, taxes, and
revenues from a proper government depository, the Secretary of the
Treasury may deem it proper, be may extend the time for making such
payment, not exceeding, however, in npy ease,, the period of one xponth.

Sbc. 4 And be it further enacted, That, so much money as may be Appropriation
necessary for the payment of the lawful expenses, incident to carrying &r expends of
into*effect the various acts relative to the assessment and collection of the ^uPe^t 6 "*
internal revenues after the thirtieth day of June, eighteen hundred and
sixty-five, until the first day of JoJy*. eighteen hundred and sixty-six, and
not otherwise provided for, be, and toe same is hereby, appropriated from
any money in the treasury not otherwise appropriated. Aud it shall *be
the duty of such of the collectors of internal revenue as the Secretary of certain eoftee-
the Treasury may direct to act as disbursing agents to pay the aforesaid tors to disburse
expenses/ without increased compensation therefor, and to give good and witiloot
sufficient bonds and sureties for the faithful performance of $heir duties
as such disbursing agents, in such Sum and form as shall be prescribed by
the first comptroller of jhe treasury and approved by the Secretary* '

Sbc. 5* And be it further enacted. That in addition to the duties im- Additional do.
posed in section ninety-four of the act to which this is an amendment, as on certain ar-
hereinbefore amended, there shall be levied, collected, and paid upon the t£cIefi *
goods, wares, and merchandise therein mentioned, except as hereinafter Ante, p. 264.
o&erwise provided* .an increase of one fifth or twenty per centum of the

484

THIRTY-EIGHTH CONGRESS. 8e8B. IL Ch. 78.. 1S65.

Exceptions*

Tax on bank
circulation after,

Existing state
banks to be pre-
ferred until, &c;
in applying to be*
come national
banks.

1884, cb. 109.
Ante, p. W.

Proviso.

Tax on erode
petroleum;

payable |

to be a lien.

Penalty.

Proviso.

Collecting. &c,
tax on petroleufb.

duties or rates of duty now provided in said section, whether ad valorem
or specific : Provided, That the additional duties or rates of duty herein
mentioned shall not apply to coal illuminating oil, refined, and naphtha,
benzine and benzole, wood screws, paper of all descriptions, printed
books* magazines, pamphlets, reviews, and similar publications, cotton,
manufactured tobacco, snuff, cigars, cigarettes, and cheroots.

Sec. 6* And be it farther enacted. That every national banking asso-
ciation, state bank; or state banking association, shall pay a tax of ten per
centum on the amount of notes of any state hank or state banking asso*
ciation, paid out by them after the first day of July, eighteen hundred and
sixty-six.

Sec. 7* And be it farther enacted, That any existing bank organized
under the laws of any state, having a paid-up capital of not less than
seventy-five thousand dollars, which shall apply before the first day of
July next for authority to become a national bank under the act entitled
"An act to provide a national currency secured by a pledge of United
States bonda, and to provide for the circulation and redemption thereof"
approved June third, eighteen hundred and sixty-four, and shall comply
with all the requirements of said act, shall, if such bank be found by the
comptroller of the currency to be in good standing and credit, receive
such authority in preference to new associations applying for the same :
Provided, That it shall be lawful for any bank or banking association
organized under state laws, and having branches, the capital being joint
and assigned to and used by the mother bank and branches in definite pro*
portions, to become a national banking association in conformity with exist-
ing laws, and to retain and keep in operation its branches, or such one or
more of them as it may elect to retain ; the amount of the circulation
redeemable at the mother bank and each branch to be regulated by the
amount of capital assigned to and used by each.

Sec. 8. And be U farther enacted, That there shall be levied, collected,
and paid on all crude petroleum or rock-oil that may be produced and old,
or removed for consumption or sale, a duty of one dollar on each and every
barrel of not more than forty-five gallons ; and all petroleum or rock-otl
that may be in possession of the producers at the place of production on the
day when this act takes effect, shall be held and treated as if produced on
that day ; and the said duty shall be paid by the owner, agent, or super*
intendent of the well from .which the petroleum or rock-oil has been pro*
duced, within ten days after the time of rendering the account required
to be rendered by law of petroleum or rock-oil so chargeable with duty;
and the said duty shall be a lien upon the same and on the well produc-
ing the same, with the buildings, fixtures, vessels, machinery, and tools,
and on the lot or tract of land where the same may be, until the said duty
Shall -be paid ; and the person paying such duty, if other than the actual
owner of said petroleum, shall have a lien on such petroleum for the repay-
ment of the duties so advanced by him : Provided, That any person who
shall produce petroleum or rock-oil, and use or refine the same without
having paid the duty as aforesaid, shall, in addition to all other penalties
and forfeitures, be liable to pay double the amount of duties as aforesaid
thereon : Provided, farther, That when casks, barrels, or other vessels are
used, holding more than forty-five gallons, the excess shall be paid for at
the rate of one dollar for every forty-five gallons.

-Sao. And be it farther enacted, That every person who shall be the
owner of any well producing petroleum or rock-oil, or who shall have
such well under his superintendence, either as agent for the owner or on
his own account, and every person who shall use any well as aforesaid,
either as owner, agent, or otherwise, shall, from day to day, make true
and exact entry, or cause to be entered in a book to be kept for that pur-
pose, the number of barrels of crude petroleum or rock-oil, barrelled or
removed for storage, or for sale, or for consumption; which book shall be

THIBTT-EIGHTH CONGRESS. Sbss. IL Ch. 78. 1865.

485

open at all times when required for the inspection of the assessor, assist-
ant assessor, collector, deputy collector or inspector, who may take any
memorandums or transcript thereof ; and on the first, eleventh, and twenty- Returns tri-
first days of each and every month, or within five days thereafter, the uouthly.
owner, agent, or superintendent shall render to the assessor of the district
an account in duplicate of the number of barrels of petroleum or rock-oil
sold, and of tbe number of barrels removed for consumption or sale or
storage, not before accounted for.

Sec. 10. And be it further 'enacted. That wherever, under the proviso Railroad, &c,
to section one hundred and three, the addition to any fares shall amount
to a sum involving the fraction of one cent, any person or company liable Ante, p. 276.
to the duty of two and one half per cent, as in said section provided, shall
be authorized to add to such fare one cent in lieu of such fraction.

Sec. 11. And be it further enacted, That lucifer or friction matches, and Lucifer match*
cigar-lights and wax tapers, may be transferred, without payment of duty, '"SKj*
directly from the place of manufacture to a bonded warehouse established bonded ware-
in conformity with law and treasury regulations ; and upon the execution house,
of such transportation bonds, or other security, as the Secretary of the
Treasury may prescribe, said bonds to be taken by the collector in the
district from which such removal is made, and may be withdrawn there- Withdrawal,
from for consumption after affixing the stamps thereto, as provided by the
act to which this act is an amendment, or may be removed therefrom for
export to a foreign country without payment of duty or affixing stamps
thereto, in conformity with the provisions of the act' aforesaid, relating to
the removal ofLdistilled spirits, all the rules and regulations and conditions
of which, as far as applicable, shall apply to lucifer or friction matches,
cigar-lights, and wax tapers in bonded warehouse. And no drawback shall No drawback,
in any case be allowed upon any lucifer or friction matches, cigar-lights, or
wax tapers upon which any excise duty has been paid, or stamps affixed,
either before or after they have been placed in bonded warehouse.

Sec. 12. And be it further enacted, that any person required by law Manufacturers
to be licensed as a manufacturer of tobacco, snuff, or cjgars/before said bLb^Uoan^to
license is issued, shall give a bond to the United States ^in such sum as give bond,
shall be required by the collector, and with one or more sureties to be
approved by the collector, conditioned that he will comply with all the
requirements of law, in regard to any persons, firms, companies, or corpora-
tions engaged in the manufacture of tobacco, suuffj or cigars ; that he will
not manufacture nor employ others to manufacture tobacco, snuff, or cigars
without first obtaining the requisite permit for such manufacture ; that he
will hot engage in any attempt by himself or by collusion with others to Conditions of
defraud the government of any duty or tax on any manufacture of tobacco, n
snuff, or cigars ; that he will render truly and correctly all the returns,
statements, and inventories prescribed for manufacturers of tobacco, snuff,
"and cigars, and will pay to the collector of the district all the duty or
taxes which may or should be assessed and due on any tobacco, snuff, or
cigars, so manufactured, and that he will not knowingly sell, purchase, or
receive for sale any such tobacco, snuff, or cigars which has not been in-
spected, branded, or stamped, as required by law, or upon which the tax
has not been paid.

Seo, 18* And be it further enacted, That all persons and every person Lottpiy dealers
who shall engage or be concerned in the business of a lottery dealer with- without liceifcej
out having first obtained a license so to do, under such rules and regula- '
tions as shall be prescribed by the Secretary of the Treasury, shall forfeit
and pay a penalty of one, thousand dollars, to be assessed by the assessor penalty,
of the proper district and collected as assessed taxes are collected, subject,
nevertheless, to the provisions of law relating to erroneous assessments,
and shall, on conviction by any court of competent jurisdiction, suffer im-
prisonment for a period not exceeding a year, at tbe discretion of the
court. And it shall be the duty of all managers and proprietors, and

41*

486 THIRTY-EIGHTH CONGRESS. Sbss. IL Ch. 78. 1865;

Managers of tlieir agents, to keep, or cause to be kept, just and true books of account
boof£ e &£ keep herein a& their transactions shall be plainly and legibly set forth, which

books of account shall at all reasonable times and hoars be subject to the
inspection of the assessor, assistant assessor, revenue agent, and inspector
of the proper district ; and any manager, proprietor, agedt, or vender
Penalty for re- under this act, who shall refuse or prohibit such inspection of bis or their
fating inspection* books, as aforesaid, shall pay a penalty of one thousand dollars, or suffer

imprisonment for a term not exceeding one year for every such offence.
What to be Sec. 14. And be it jurther enacted. That the capital of any state bank
tafof^ state***" or Banking association which has ceased, or shall cease to exist, or which
bank, for par- has been or shall be converted into a national bank, for all the purposes
poses of this act f the act to which this is an amendment, shall be assumed to be the cap-
ital as it existed immediately before such bank ceased to exist or was con-
verted as aforesaid* And whenever the outstanding circulation of any
Circulation bank, association, corporation, company, or person shall be reduced to an
when free of tax, amount not exceeding five per centum of the chartered or declared capi-
tal existing at the time the same was issued, said circulation shall be free
from taxation* And whenever any state bank or banking association has
been converted into a national banking association, and such national
banking association has assumed the liabilities of such state bank or bank*
ing association, including the redemption of its bills, such national bank-
ing association shall be held to make the required return and payment on
the circulation outstanding, so long as such circulation shall exceed five
per centum of the capital before such conversion of such state bank or
banking association.

If In any port Sac* 15. And he it further enacted, That in any port of the United
th^onecoHector ^* ates *° which there is more than one collector of internal revenue* the
of internal rev- Secretary of the Treasury shall designate one of said collectors to have
enue, one to be charge of all matters relating to the exportation of articles subject to
fe^Ptoexporta^ ^ ut 7 under the laws to provide internal revenue ; and at such ports as
tion, && the Secretary of the Treasury may deem necessary there shall be an offi-
cer appointed by him to superintend all matters of exportation and draw-
back, under the direction of the collector, whose compensation therefor
shall be prescribed by the Secretary of the Treasury, not exceeding,
however, in any case, an annual rate of two thousand dollars, which* to-
gether with the office expenses of such superinten[den1ce* shall not be
included in the maximum of the aggregate expenses of the office of the
said collector* And all books, papers, ancLdocuments in the bureau of
Drawbacks, drawback in the different ports, relating to the drawback of duties paid
under the internal revenue laws, shall be delivered to said collector of
internal revenue.

Repealing Sec* 16* And be it further enacted, Tbatfafl provisions of any former
clause. act inconsistent with the provisions of this act are hereby repealed : Pro-

Saving of da- videdy however. That no duty imposed by any previous act, which has
tf**^P"°* *&* become due or of which return has been or ought to be made, shall be
curred?* remitted or released by this act, but the same shall be collected and paid,

and all fines and penalties heretofore incurred shall be enforced and col-
lected, and all offences heretofore committed shall be punished as if this
act had not been passed ; and the commissioner of internal revenue,
under the direction of the Secretary of the Treasury, is authorized to
make all necessary regulations and to prescribe all necessary forrps and
proceedings for the collection of such taxes and the" enforcement of such
fines and penalties for the execution of the provisions of this act.
SappHes for the 8*0. 17. And be it further enacted, That the privilege of purchasing
United states supplies of goods imported, from foreign countries for the use of the
n^b^pnfchased States, duty free, which now does or hereafter shall sxist by pro-

vision of law. shall be extended, under such regulations as the Secretary
of the Treasury may prescribe,to all articles of domestic production which
are subject to tax by the provisions of tfifsact

THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 78, 79. 1865.

487

Sec. 18. And be it further enacted. That this act shall be is force and When act take*
effect on and after the first day of April, in the year eighteen hundred and
sixty-five, unless otherwise provided by this act.

Sec. 19. And be 'it farther enacted, That the Secretary of the Treasury Commission
is hereby authorized to appoint a commission, consisting of three persons, upon raising rev-
to inquire and report, at the earliest practicable moment, upon the subject « D1ie I> y tax8twa *
of raising, by taxation, such revenue a| may be necessary in order to ^
supply the wants of the government, having regard to, and including, the power of corn-
sources from which such revenue should be drawn, and the best and most mfoafoneis.
efficient mode of raising the same, and to report the form of a bill ; and
that such commission have power to inquire into the manner and effi-
ciency of the present and past methods of collecting the internal revenue,
and to take testimony in such manner and under such regulations as may
be prescribed by the Secretary of the Treasury. And such commission-
ers shall receive for their services three hundred dollars a month for the
time necessarily employed, and their necessary travelling expenses.

Sec. 20. And be it further enacted. That the Secretary of the Treas- clerks in office
ury may, at any time prior to the first day of July, eighteen hundred and of commissioner
sixty-six, assign to the office of the commissioner of internal revenue e ^^ 6FD nv ~
such number of clerks as be may deem necessary, or the exigencies of
the public service may require ; and the privilege of franking all letters Franking
and documents pertaining to the duties of his office, and of receiving free privilege,
of postage all such letters and documents, is hereby extended to said com*
missioner.

Approved* March 8, 1865.

Chap. Try*'*"- — An Act to amend the several Acts heretofore passed to provide fir the March 3, 1860.
Enrolling and Calling gut the National Forces, ana for other Purposes* ~~AiUe, p. 6.

Be it enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, £hat the measure of allow- Officers* ser-
ance for pay for an officer's servant is the pay of a private soldier as fixed vents,
by law at the time ; that no non-commissioned officer shall be detailed or
employed to act as a servant, nor shall any private soldier be so detailed
or employed except with his own consent ; that for each soldier employed
as a servant by any officer there shall be deducted from the monthly pay
of such officer the full monthly pay and allowances of the soldier so em-
ployed; and that, including any soldier or soldiers so employed, no officer
shall be allowed for any greater number of servants than is now provided
by law, nor be allowed for any servant not actually and in met in his
employ.

' Sec. 2. And be it further enacted, That non-commissioned officers and • clothing fcr
privates in the volunteer service shall receive Hie same amount of cloth- soldierslnvolan-
ing as non-commissioned officers and privates of the same arm of the 8ervic *
regular army*

Sac. 8. And be it further enacted, That if a soldier, discharged for Bounty foe cer-
wounds received in battle, die before receiving the bounty provided by tain soldiers, to
the act of March third, eighteen hundred and sixty-three, entitled "An iX^oV'
act to amend an act to authorize the employment of volunteers, and so vol. xii. p. 758.
forth," the bounty due shall be paid to the following persons, and in the
order following, and to no other person, to wit : first, to the widow of such
deceased soldier, if there be one ; second, if there be no widow, then to
the children of such deceased soldier, share and share alike ; third, if such
soldier left neither a widow, or child or children, then and in that case
such bounty shall, be paid to the following persons, provided they be red-
dents of the United States, to wit : first, to his father ; or if he shall not
be living, or has abandoned the support of his family, (hen to the mother
of such soldier ; and if there be neither father nor mother as aforesaid,
then such bounty shall be paid to* the brothers and sisters of the deceased
soldier, resident as aforesaid.

488

THIRTY-EIGHTH CONGRESS. Ssss. IL Get. 79. 1865.

Persons 4is- Secu 4. And be UfartJicr enacted, That every non-commissioned officer,
^Sonofwounds. private, or other person, who has been, or shall hereafter be, discharged
&c, to receive from the army of the United States by reason of wounds received in
bounty. battle, on skirmish, on picket, or in action, or in the line of doty, shall be

entitled to receive the same bounty as if he had served out his full term;
and all acts and parts of acts inconsistent with this are hereby repealed.
Pay and allow- Sec. 5. And be it farther enqcted, That all persons of color who were
o?color f SSted. em ^ 8te ^ and mustered into the military service of the United States in
&c ' South Carolina, by and under the direction of Major-General Hunter

and Brigadier-GeneraJL Saxton, in pursuance of the authority from the
Secretary of War, dated August twenty-fifth, eighteen hundred and sixty-
two, "that the persons so received into service, and their officers, to be
entitled to and receive the same pay and rations as are allowed by law to
other volunteers in the service ; " and in every case where it shall be
made to appear to the satisfaction of the Secretary of War that any regi-
ment of colored troops has been mustered into the service of the United
States, under any assurance by the President or the Secretary of War,
that the non-commissioned officers and privates of such regiment should
be paid the same as other troops of the same arm of the service, shall,
from the date of their enlistment, receive the same pay and allowances as
are allowed by law to other volunteers in the military service ; and the
Secretary of War shall make all necessary regulations to cause payment
to be made in accordance herewith.
Six regiments Sbc, 6. And be it further enacted, That the President is hereby anthor-
onrohmteer en- t0 en |{ 8 ^ or organize, out of troorjs already in the service, six regiments*

of volunteer engineers, to be organised in accordance with existing laws,
Pay, &c to have the same pay and allowances of engineer troops of the regular

army, and to be subjected to the rules and articles of war*
Volunteer en- Seo. 7. And be it farther enacted, That the President is hereby author-
^ Deex8 * ized to enlist two additional companies to be added to the regiment of

volunteer engineers raised under the provisions of an act approved May
1884, ch. 92. twentieth, eighteen hundred and sixty-four, entitled u An act to organize
<4*>fe, jh 80. a regiment of veteran volunteers," and said regiment shall be considered

one of the regiments authorized in the preceding section of this act
Reduced regu- Sec. 8. And be it farther enacted, That whenever a regiment in the
lar regiments, regular army is reduced below the minimum number, no officer shall be

appointed in such a regiment beyond those necessary for the command
or such reduced number.
Brevet officers Seo. 9* And be it further enacted. That officers by brevet in the regular
nt regular army, army shall receive the same pay and allowance as brevet officers of the

same grade or rank in the volunteer service, and no more.
Double rations Sec. 10. And be it farther enacted, That the true construction' of the
trtuJ^cerl* section of the u act respecting the organisation of the army, and for
1842, ch. 186 otaer purposes," approved August twenty-third, eighteen hundred and
§ e« 9 forty-two, and of aU laws relating in any way to the allowance of double

Vol. v. p. 518. rations to officers, authorizes such allowance to the following officers, and
to no others whatever : to the general-in-chief commanding the armies- of
the United States ; to each general officer commanding in chief a separate
army actually jn the field ; to each general officer commanding a geo-
graphical division embracing one or more military departments ; and to
each officer commanding a military geographical department; and that
any general order or regulation or usage allowing double rations to- a
chief of staff or any other officer than those above mentioned is illegal*
and void.

Bounty to Sso. 11. And be it farther enacted, That the bounty of one hundred
r«i do Tli^?Li dollars, provided by present laws to be paid to the heirs of volunteers
to bSST killed in battle, shall be extended to the widow if living, or if she be dead

to the children of any volunteer who shall have been or may be killed in
the service* whether he shall have enlisted for two years or for a less
period of time.

*

THIRTY-EIGHTH CONGRESS. Siss. tL Ca. 79. M

Sac. 12* And be itjurther enacted, Thatf in case any officer of the mili- Officers ak-
tary or naval service who may be hereafter dismissed by authority of the jj^^P"
President shall make an application in Writing for a trial) setting forth
under oath that he has been wrongfully and unjustly dismissed, the Presi-
dent shall, as soon as the necessities of the public service may permit,
convene a court-martial to try such officer on the charges on which he
was dismissed. And if such court-martial shall not award dismissal or When order <*
death as the punishment of such officer, the order of dismissal shall be dismissal void,
void. And if the court-martial aforesaid shall not be convened for the
trial of such officer within six months from the presentation of his appli-
cation for trial, the sentence of dismissal shall be void.

Sec. 18. And be it farther enacted, That where any revised enrollment Kevised envoi*
In any congressional or draft district has been obtained or made prior to ment
any actual drawing of names from the enrollment lists, the quota of such
district may be adjusted and apportioned to such revised enrollment in- Adjustment of
stead of being applied to or based upon the enrollment as it mav have 4"°***
stood before the revision.

Sec. 14 And be it further enacted, That hereafter all persons mustered Persons mas*
iu[to] the military or naval service, whether as volunteers, substitutes, rep- inoo service,
resentatives, or otherwise, shall be credited to the state and to the ward, ited™ e m *
township, precinct, or other enrolment -sub-district where such persons
belong by actual residence, (if such persons have an actual residence
within the United State*,) and where such persons were or shall be en-
rolled, (if liable to enrolment ;) and it is hereby made the duty of the
provostanarshal g eneral to make such rules and give such instructions to Boles and la-
the several provost-marshals, boards of enrolment, and mustering officers 9traotioD8 '
as shall be necessary for the faithful enforcement of the provisions of this
section, to the end that fair and just credit shall be given to every section
of the country : Provided, That in any call for troops hereafter no county,
town, township, ward, precinct* or election district shall have credit except credits on
for men actually furnished on said call or the preceding call by said future calls,
county, town, township, ward, precinct, or election district, and mustered
into the military or naval service on the quota thereof

Sec. 15. And be it further enacted. That in computing quotas here- Credits in com.
after, credit shall be given to the several states, districts, and sub-districts P utiB £ I 00 ****
for all men furnished from them, respectively, and not heretofore credited,
during the present rebellion, for any period of service of not less than
three months, calculating the number of days for which such service was
furnished, and reducing the same to years : Provided, That such credits Proviso,
shall not be applied to the call for additional troops made by the Presi-
dent, on the twenty-first day of December, eighteen hundred and sixty-
four.

Sec. 16. And be it further enacted, That persons who have been, or Drafted persons
may hereafter be, drafted, under the provisions of the several acts to B jj£*
which this is an amendment, for the term of one year, and who have exempt &c
actually furnished, or may actually furnish, acceptable substitutes (not
Sable to draft) for the term of three years, shall be exempt from military
duty during the time for which such substitutes shall not be liable to draft,
not exceeding the time for which such substitutes shall have been mus-
tered into the service, anything in the act of February twenty-fourth, iss*» ch. 18.
eighteen hundred and sixty-four, to the contrary notwithstanding. Ante, p. G.'

Sec. 17. And be it further enacted, That any recruiting a^mt, substi- Penalty for en-
tute broker, or other person who, for pay or profit* shall enlist, or cause listing insane peiv
to be enlisted, as a volunteer or substitute, any insane person, or convict, nSiMfcc. ***
or person under indictment for a felony, or who is held to bail to answer
for a felony, or person in a condition of intoxication, or a deserter from
the military or naval service, or any minor between the ages of sixteen
and eighteen years, without life consent of his parents ofrgnardian, or any
minor under the age of sixteen years, knowing him, in eftharcj^ before

490

t

THIRTY-EIGHTH CONGRESS. Ssss. IL Co* 79. 1&8S,

Penalty for de« mentioned, to he such, <or who shall defraud or illegally deprive any vol*
griv^sddler tt nteer or substitute of any portion of the State, local, or United States
y * bounty, to which he may be entitled,*hall, upon conviction in any court of
competent jurisdiction, be fined not exceeding one thousand dollars, nor
less than two hundred dollars, or imprisoned not exceeding two years and
not less than three months, or both, in the discretion of the court afore-
said.

Penalty for Sec. 18. And be {(farther enacted, That any officer who shall muster
"tt^ffdtto^into the military or naval service of the United States any deserter from
en^&c*, said service, or insane person, or person in a condition of intoxication, or

any minor between the ages of sixteen and eighteen years, without the
consent of his parents or guardian, or any minor under the age of sixteen
years, knowing him to be such, shall, upon conviction by any court-mar
tial, be dishonorably dismissed the service of the United States.
Proceedings Sec. 19* And be it further enacted, That in every case whexp a substi-
vhere improper tute is furnished to take the place of an enrolled or drafted man, and it is
Eee^ furnished as shown by evidence that shall be satisfactory to the Secretary of War that
substitutes, such substitute was, at the time of his enlistment, known by the party fur-
nishing him to be non compos mentis, or in a condition of intoxication, or
under conviction or indictoent for any offence of the grade of felony at
die common law, or to have i>een guilty of a previous act of desertion un-
satisfied by pardon or punishment, or by reason of any existing infirmity
or ailment, physically incapable* of performing the ordinary duties of a
soldier in actual service in the ranks, or minor between the ages of six-
teen and eighteen years, without the consent of bis parent or guardian, or
a minor under the a$e of sixteen years, it shall be the duty of ihe prov-
ost*marshal general, on advice or the fact, to report the same to the
provost-marshal of the proper district ; and if such person so enlisted and
incapable shall have been, since the passage of this act, mustered into
the service as a substitute for a person liable to draft .and not actually
drafted, the name of the person so liable who furnished such substitute)
shall be again placed on the list, and he shall be subject to draft there-
after as though no such substitute had been furnished by him ; and if such
substitute so enlisted and incapable as aforesaid shall have been, since the
passage of this act, mustered into the service as a substitute for a person
actually drafted, then -it shall be the duty of the provost-marshal gen-
eral to dbect die provost-marshal of the district immediately to notify
the person who furnished such substitute that he is held to service in
the place of such substitute, and he shall stand in the same relation and be
subject to the same liability as before the furnishing of such substitute*
Substitute Ssc. 20. And be it further enacted, That in case any substitute shall
patt*?^ 1 ^ ^ desert from the army, and it shall appear by evidence satisfactory to the
pice, a, &e* Secretary of War that the party furnishing such substitute shall have, in

any way, directly or indirectly, aided or abetted such desertion, or to
have been privy to any intention on the part of such substitute to desert,
then.such person shall be immediately placed in the army, and shall serve
for the period for which he was liable to draft, such service to commence
at the date of the desertion of the substitute.
Penalty for Sec. 21. And be U Jurther enacted, That,' in addition to the other law-
desertion, &c fa\ penalties of the crime of desertion from the military or naval service,

all persons who have deserted the military or naval service of the United
States, who shall not return to said service, or report themselves tp a
provost-marshal within sixty days after the proclamation hereinafter
mentioned, sh|dl be deemed and taken to have voluntarily relinquished
Rights as titi- and forfeited their rights of citizenship -and their rights to become citizens;
tens forfeited, and such deserters shall be forever incapable of holding any office of trust

or profit under the United States, or of exercising any rights of citizens
thereof; and all persons who shall hereafter desert the military or -naval
service, and all persons who, being duly enrolled, shall depart the juris-

THIRTY-EIGHTH CONGRESS* Ssss. IL Ch. 79, 80. 1865 491

diction of Hie district in which he is enrolled, or go beyond the limits of Leaving the
the United States, with intent to avoid any draft into the military or ^^£^1^
naval service, duly ordered, shall be liable to the penalties of this section* penalty.
And the President is hereby authorized and required forthwith, on the President to
passage of this act, to issue his proclamation selling forth the provisions pVodaim this law.
of this section, in which proclamation the President is requested to notify
all deserters returning within sixty days as aforesaid that they shall be
pardoned on condition of returning to their regiments and companies or
to such other organizations as they may be assigned to, until they shall
have served for a period of time equal to their ongjnal term of enlistment.

Sec. [22.] And be it further enacted, That the third section of the act Pe ?^? t ^
entitled "An act [further] to regulate and provide for the enrolling and ^rebellion re-
calling out the national forces, and for other purposes," approved July pealed,
fourth, eighteen hundred and sixty-four, be, and the same is hereby, ^364, ch. 287,

repealed. * Ante, ?.S79.

Sec. [23.] And be it further enacted, That any person or persons en- Enrolled per-
rolled in any sub-district may, after notice of a draft, and before the same sons may cause
shall have taken place, cause to be mustered into the service of the United J^o^re^hito
States such number of recruits, not subject to draft, as they may deem service, when,
expedient, which recruits shall stand to the credit of the persons thus &c *
causing them to be mustered in, and shall be taken as substitutes for such
persons, or so many of them as may be drafted, to the extent of the num-
ber of such recruits, and in the order designated by the principals* at the
time such recruits are thus as aforesaid mustered in.

Sec. [24.] 4*"* & & farther enacted, That section fifteen of the act Penalty for
approved February twenty-fourth, eighteen hundred and sixty-four, enti- foJ^J^fof en^
tied "An act for enrolling and calling out the national forces, and for rolment,
other purposes,' 9 be, and the same is hereby, amended by inserting after 1864, ch. 13,
the words * any civU magistrate," the words " or any person authorized § 9
by law to administer oaths." ' p *

Sec. [25.] And be it further enacted, That the Secretary of War is hereby Officer to ad-
authorized to detail one or more of the employees of the War Depart- oath *
ment for the purpose of administering the oaths required by law in the
settlement of officers' accounts for clothing, camp, and garrison equipage,
quartermaster's stores, and ordnance, which oaths shall be administered
without expense to the parties taking them, and shall be as binding upon
the persons taking the same, and if falsely taken, shall subject them to the
same penalties, as if the same were administered by a magistrate or jus-
tice of the peace.

Sec. [26.] And be it further enacted, That acting assistant surgeons, Certain acting
contract surgeons, and surgeons and commissioners on the enrolling aS8 * 8fcan JL 8ttr ~ *

t T u-i • ,l «t <i • Tf.rrT^jTi .11 Z V ^J"* aeons, &c, not

boards, while in the military, service of the United otates, > snall hereafter liable to draft.

be exempt from all liability to be drafted under the provisions of any act

for enrolling and calling out the national forces.

Bsc. [27.] And be it further enacted, That this act shall take effect _When act takes
from and after its passage : Provided, That nothing herein contained shall effect
operate to postpone the pending draft, or interfere with the quotas assigned
therefor.

Approved, March 3, 1865.

Chap. LXXX. — An Act amendatory of certain Acts imposing Duties upon foreign Im- March 8, 1865.

portations. * 18M, ch. 171,

Be it enacted by the Senate and Heme of Representatives of the United $ ^ . ^
States of America in Congress assembled. That section six of an act en-
titled " An act to increase the duties on imports, and for other purposes,' 9
approved June thirty, eighteen hundred and sixty-four, be amended, so Amendments,
that paragraphs second, third, and fourth, of section six of said act, shall
read as follows :

Second. Qn all manufactures of cotton (except jeans, denims, drillings,

i

492

^THIRTY-EIGHTS CONGRESS. - Ssss. IL Ch. 80. 2865.

Manufactures
of cotton*

Cotton jeans,
denims, «c

Proviso.

Proviso.

Spool thread
eotton,&o»

Additional
doty on brandy,

bed-tickings, ginghams, plaids, cottonades, pantaloon stuflj and goods of
like description) not bleached, colored, stained, painted, or printed, and not
exceeding one hundred threads to die square inch, counting the warp and
filling, and exceeding in weight five ounces per square yard, five cents per
square yard ; if bleached, fire cents and a half per square yard ; if col-
ored, stained, painted, *or printed, five cents and a half per square yard,
and, in addition thereto, ten per centum ad valorem. On finer and lighter
goods of like description, not exceeding two hundred threads to the square
inch, counting the warp and filling, unbleached, five cents per square
yard; if bleached, five and a, half cents per square yard; if colored,
stained, painted, or printed, five and a half cents per square yard, and, in
addition thereto, twenty per centum ad valorem. On goods of like de-
scription, exceeding two hundred threads to the square inch, counting the
warp and fillings unbleached, five cents per square yard ; if bleached, five
and a half cents per square yard ; if colored, stained, painted, or printed,
five and a half cents per square yard, and, in addition thereto, twenty per
centum ad valorem.

Third. On all cotton jeans, denims, drillings, bed-tickings, ginghams,
plaids, oottonades, pantaloon stuffs, and goods of like description, or for
similar use, if unbleached, and not exceeding one hundred threads to the
square inch, counting the warp and filling, and exceeding five ounces to
the square yard, six cents per square yard ; if bleached, six cents and a
half per square yard ; if colored, stained, painted, or printed, six cent!
and a half per square yard, and, in addition' thereto, ten per centum ad
valorem. On finer or lighter goods of like description, not exceeding two
hundred threads to the square inch, counting the warp and filling, jf un-
bleached, six cents per square yard $ if bleached, six and a half cents per
square yard ; if colored, stained, painted, or printed, six and a half cents
per square yard, and, in addition thereto, fifteen per centum ad valorem.
On goods of lighter description, exceeding two hundred threads to the
square* inch, counting the warp and filling, if unbleached, seven cents pex
square yard; if bleached; seven and a half cents per square yard ; if col-
ored, stained, painted, or, printed, seven and a half cents per square yard,
and, in addition thereto, fifteen per centum ad valorem ; Provided, That
upon all plain woven cotton goods, not included in the foregoing schedule,
unbleached, valued at over sixteen cents per square yard, bleached, valued
at over twenty cents per square yard, colored, valued at over twenty-five
cents per square yard, and cotton jeans* denims and drillings, unbleached,
valued at over twenty cents per square yard, and all other cotton goods
of every description, the rvalue of. which shall -exceed twenty-five cents per
square yard, there shall be levied, collected, and paid a duty of thirty ^five
per centum ad valorem : And provided further, That no cotton goods hav-
ing more tnan two hundred threads to the square inch, counting the warp
and filling, shall be admitted to a less rate of duty than is provided for
goods which are of that number of threads.

Fourth., On spool thread of cotton, six cents per doten* spools, contain-
ing; on each" spool not exceeding one hundred yards, oft thread,, a^d\ in
addition thereto, thirty per. centum ad valorem ; exceeding one hundf&d
yards, for every additional hundred yards of. thread on each spool or frac-
tional part thereof, in excess of one hundred yards, six cents per dozen,
and thirty-five per centum .ad valorem. On cotton thread or yarn when
advanced beyond single yam, by twisting two or more strands together, jf
not wound upon spools, four (4) cents per skein or bank of eight hundred -
and forty (840^ yards, and thirty per cent, ad valorem.
*' Sec. 2. And be it farther ettaeied, That from and after the day when
this act takes effect, in addition to the duties heretofore imposed by Jaw-
on the importation of the articles mentioned in this 'section, there shall be
levied, collected, and paid the following duties and rates of duty, that is- to
say: On brandy, rum, gin, and whiskey, and on cordials, liquors, fli-

THIRTY-EIGHTH CONGRESS. Sess. H. Ch. 80, 1865. 493

queues,] arrack, absynthe, and all other spirituous liquors and- -spirituous

beverages, fifty cents per gallon, of first proof and less strength, and shall

be increased in proportion tor any greater strength that [than] the strength

of first proof. On spun silk for filling in skins or cops, ten per centum SpunsOk.

ad valorem. On iron bars for railroads or inclined planes, ten cents per Railroad iron,

one hundred pounds. On wrought-iron tubes, one cent per pound. &c*

Sec. 3. And be it further enacted, That from and after this act takes
effect, in lieu of the duties heretofore imposed by law on the importation
of the articles mentioned in this section, there shall be levied^ collected,
and paid the following duties and rates of duty, that is to say : On cotton, Duty on cotton,
five cents per pound. On illuminating oil and naphtha, benzine, and niumtoatiug
benzole, refined or produced from the distillation of coal, asphaltum, shale,
peat, petroleum, or rock-oil, or other bituminous substances used for like
purposes, forty cents per gallon. On crude petroleum, or rock-oil, twenty Petroleum,
cents per gallon ; on crude coal-oil, fifteen cents per gallon. On tobacco Tobacco stems,
stems, fifteen cents per pound. On ready-made clothing of silk, or of .Clothing of
which silk shall be a component material of chief value, sixty per centum
ad valorem. On quicksilver, fifteen per centum ad valorem. Quicksilver.

Sec. 4. And be it further enacted. That section fifteen of an act en- Tonnage duty,
titled " An act increasing temporarily the duties on imports, and for other 1889> 161 »
purposes," approved July fourteen, eighteen hundred and sixty-two, be, and * y ol> ^ pt 55a
the same hereby is, amended so as to impose a tax or tonnage duty of
thirty cents per ton, in lieu of u ten cents," as therein mentioned : Provided^ Proviso.
That the receipts of vessels paying tonnage duty shall not be subject to
the tax provided- in section one hundred and three of "An act to provide 1864, eh. 172,
internal revenue to support the government, to pay interest on the public § m
debt, and for other purposes/ 1 approved June thirtieth, eighteen hundred
and sixty-four, nor by any act amendatory, thereof: Provided further, Proviso.
That no ship, vessel, or steamer, having a license to trade between differ-
ent districts of the United States, or to carry on the bank, whale, or other
fisheries, or on [nor] any ship, vessel, or steamer to or from any port or
place in Mexico, the British provinces of North America, or any of the
West India islands, or in all these trades, shall be required to pay the
tonnage duty, contemplated by this act, more than once a year.

Sec. 5. And be it further enacted. That the term " statuary," as uqed Statuary,
in the laws now in force imposing duties on foreign importations, shall be
understood to include professional productions of a statuary or of a sculp-
tor only.

Sec. 6. And be it further enacted, That there shall be hereafter col- Ten percent
lected and paid on all goods, wares, and merchandise of the growth -or Srodu^^atf of
produce of countries [east] of the Cape of Good Hope, (except raw cot- Cape of Good
ton and raw silk, as reeled from the cocoon, or not further* advanced than j^P 8 imported,
tram, thrown, or organzine,) when imported from places west of the Cape
of Good Hope, a duty of ten per centum ad valorem, in addition to the Anu^ p. sis.
duties imposed on any such article when imported directly from Che place
or places of their growth or production.

Sec. 7. And be it further enacted, That in all cases where there is or Assessment of
shall be imposed any ad valorem rate of duty on any goods, wares, or ?. d valorem
merchandise Imported into the United States, and in all cases where the
duty imposed by law shall be regulated by, or directed to be estimated or
based upon, the value of the square yard, or of any specified quantity or
parcel of such goods, wares, or merchandise, it shall be the duty of the
collector, within whose district the same shall be imported or entered, to
cause the actual market value, or wholesale price thereof, at the period
of the exportation to the United States, in the principal markets of the
country from' which the same shall have been- imported into the United
States, to be appraised, and such appraised value shall be considered the
value upon which duty shall be assessed. That it shall be lawful for the
owner, consignee, or agent of any goods, wares, or merchandise, which

vol mil Pub. — 42

494 THIRTY-EIGHTH CONGRESS. Sess H Ch. 80. 186$.

Additions to shall have been actually purchased, or procured otherwise than by pur*
invoice Value, chase, at the time, and not afterwards, when be shall produce hie original

invoice, or invoices, to the collector and make and verify his written entry
of his goods, wares, or merchandise, as provided by section thirty-six of

3799, ch. 22, the act of March two, seventeen hundred and ninety-nine, entitled "An

^4. i. p. 655. act to re ^ ate th<* collection of duties on imports and tonnage," to make
such addition in the entry to the cost or value given in the invoice as in
his opinion may raise the same to the actual market value or wholesale
price of such goods, wares, or merchandise, at the period of exportation to
the United States, in the principal markets of the country from which the
same shall have been imported ; and it shall be the duty of the collector,
within whose district the same may be imported or entered, to cause such

Actual market actual market value or wholesale price to be appraised in accordance with
pmised? b * 8P " tbe Pulsions of existing laws, and if such appraised value shall exceed

Penalty for *>Y ten ^ntum or more the value so declared in the entry, then, in
undervaluation, addition to the duties imposed by law on the same, there shall be levied,

collected, and paid a duty of twenty per centum ad valorem on such ap-

Proviso. praised value : Provided, That the duty shall not be assessed upon an
amount less than the invoice or entered value, any act of congress to the

Repeal of 1864, contrary notwithstanding : And provided further, That the sections twenty*
ch. 171, §§ 23,24. third and twenty-fourth of the act approved June thirtieth, eighteen bun-
217; PI * dred and sixty-four, entitled 6 S An act to increase duties on imports, and

for other purposes," and all acts and parts of acts requiring duties to be
assessed upon commissions, brokerage, costs of transportation, shipment,
transhipment, and other like costs and charges incurred in placing any
goods, wares, or merchandise on shipboard, and all acts or parts of acts
inconsistent with the provisions of this act, are hereby repealed.

Guano, Sec. 8. And be it farther enacted, That so much of an act entitled

* An act to authorize protection to be given to citizens of the United States
who may discover deposits of gdano/' approved August eighteen, eighteen

export of. hundred and fifty-six, as prohibits the export thereof, is hereby suspended

1856, ch. 164. in relation to all pei*sons who have complied with the provisions of section

Vol. xi. p. ll». second f gaid act for two years from and after July fourteenth, eighteen
hundred and sixty-five*

When act Sec. 9. And be & farther emoted, That this act shall take effect on and
takes effect. a f| er tne ^ ay j* fj eighteen hundred and sixty-five.

Act of 1799, Sec 10. And be it further enacted. That so much of sections thirty-nine,
§§ 39-44 revived, forty, forty-one, forty-two, forty-three, and forty-four of the act entitled
Vol. i. p. 659* « An act to regulate the [collection of] dudes on imports and tonnage,"
approved March second, seventeen hundred and ninety-nine, as requires
the branding or marking and certifying of casks, chests, vessels, and cases
containing distilled spirits, or teas, be and the same is hereby revived, to
be executed under such rules and regulations as shall be prescribed by
the Secretary of the Treasury.
Flax, &a, mar Sec. 11. And be it farther enacted, That fiax and hemp machinery and
ctunery. steam agricultural machinery, as designated in section 21 [twenty-one]

Ante, p. 216. f the act w to increase duties on imports, and for other purposes," ap-
proved June thirtieth, eighteen hundred and sixty-four, may be imported
free from duly for one year from the passage of this act.
Judgment for Sec. 12. And be it farther enacted, That in all proceedings brought
duties, &c., to be by the United States in any court for due recovery as well of duties upon
collected in coin, i m{)0rte ^one as of penalties for the non-payment thereof, the judgment

shall recite that the same is rendered for duties, and such judgment, in-
terest, and costs shall be payable in, the coin by law receivable for duties,
and the execution issued on such judgment shall set forth that the recov-
ery is for duties, and shall require the marshal to satisfy the same in the
coin by law receivable for duties ; and in case of levy upon and sale of
the property of the judgment debtor, the marshal shall refuse payment
from any purchaser at such sale in any other money than that specified in
the execution*

THIRTY-EIGHTH t CONGRESS. Sites. IL Ch. 80, 81. 1865. 495

Sbc. 18* And be it further enacted^ That the eighth section of the act Duties npon
of March twenty-third, [eight] eighteen hundred and fifty-four, "to ex- £?? d8
tend the warehousing system by establishing private bonded warehouses, casualty to L
and for other purposes," which authorized the Secretary of the Treasury, abated,
in case of the actual injury or destruction of goods, 'wares, or merchandise <&*
by accidental fire or other casualty, while in warehouse under bond, &c, * y olt x . p . 273.
to abate or refund the duties paid or accruing thereon, be extended so as
to include goods, wares, or merchandise injured or destroyed in like man-
ner while in the custody of the officers of die customs, and* not in bond,
and also to goods, wares, and merchandise so injured or destroyed after
their arrival within the limits of any port of entry of the United States,
and before the same have been bonded [landed] under the suspension
[supervision] of the officers of the customs: Provided, That this act shall Proviso,
apply only to cases arising from and after its passage, and to cases where
the duties have not already been paid

Appkovep, March 8, 1865.

Chap. TiXXXf. — An Act making jfypropriations fir the Support of tke Army fir the Marcb 3, 1865.

Year ending thirtieth June, eighteen hundred and sixty-six, — '

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums be, and Army appro-
the same are hereby, appropriated, out of any money in the treasury not P 1 **** 003 **
otherwise appropriated, for the support of the army for the year ending
the thirtieth of June, eighteen hundred and sixty-six :

For expenses of recruiting, transportation of recruits, and compensa- iw«?f?n gt
tion to citizen surgeons for medical attendance, three hundred " thousand
dollars.

For bounties and premiums for the enlistment of recruits for the regu- Bounties, &c
lar army, three hundred and fifty thousand dollars*

For pay of the army, ten million dollars. Pay.

For commutation of officers' subsistence, one million seven hundred and Commutation.
and forty-seven thousand three hundred and twenty-four dollars.

For commutation of forage for officers' horses, one hundred and four
thousand six hundred dollars.

For payments m lieu of clothing for officer^ servants, eighty-two thou- Pay in Uec of
sand seven hundred and sixty dollars. clothing.

For payments to discharged soldiers for clothing not drawn, one hun-
dred and fifty thousand dollars.

For pay of volunteers, two hundred million dollars. Pay ofvolao-

For subsistence in kind for regulars, volunteers, and drafted men, to ?V t
ninety-two million seven hundred and eighty-two thousand and forty-three ^^ b8feteoce »
dollars and seventy cents.

For the regular supplies of the quartermaster's department, consisting Quarterma*-
of fuel for the officers, enlisted men, guard, hospitals, storehouses, and de P artmenk -
offices ; of forage in kind for the horses, mules, and oxen for the quarter-
master's department, at the several posts and stations, and with the armies
in the field ; for the horses of the several regiments of cavalry, the bat-
teries of artillery, and such companies of infantry as may be mounted, and *
for the authorized number of officers' horses when serving in the field and
at the outposts, including bedding for the animals ; of straw for soldiers'
bedding, and of stationery, including blank books for the quartermaster's
department, certificates for discharged soldiers, blank forms for the pay
and quartermaster's departments ; and for the printing of division and
department orders and reports, fifty million dollars.

For the. incidental expenses of the quartermaster's department, consist- incidental ex-
ing of postage on letters and packages received and sent by officers of the penses of quarter,
army on publie service ; expenses of courts-martial, military commissions* {J^tT * ^
and courts of inquiry, including the additional compensation of judge-
advocates, recorders, members, and witnesses, while on that service;

496

THIRTY-EIGHTH CONGRESS* Sess. IL Ch. 81. 1865.

1802, oh. 9,
$§21,22.
Vol. in p. 136.

1819, ch. 45*
Vol. in. p. 488.

18M, ch. '24T t
§6.
Vol.x. p. 576.

1838, ch. 152,
$10.
Vol. v. p. 25fr.

Cavalry, &c,
horses.

Officers* bag-
gage-

Quarters.

StOVCS.

Telegraph*

Prisoners of
war.

under the act of March sixteenth, eighteen hundred and two, extra pay to
soldiers employed, under the direction of the quartermaster's department,
in the erection of barracks, quarters, storehouses, and hospitals ; in the
construction of roads, and on other constant labor, for periods of not less
than ten days, tinder acts of March second, eighteen hundred and nineteen,
and August fourth, eighteen hundred and fifty-four, including those em-
ployed as clerks at division and department headquarters ; expenses of
expresses to and from the frontier posts and armies in the field ; of
escorts to paymasters and other disbursing officers and to trains where
military escorts cannot be furbished ; expenses of the interment of offi-
cers killed in action, or who die when on duty in the field, or at posts on
the frontiers, or at other posts and places when ordered by the Secretary
of War, and of non-commissioned officers and soldiers ; authorized office
furniture ; hire of laborers in the quartermaster's department, including
the hire of interpreters, spies, and guides for the army ; compensation of
clerks to officers of the quartermaster's department; compensation of
forage and wagon masters, authorized by the act of July fifth, eighteen
hundred and thirty-eight; for the apprehension of deserters, and the
expenses incident to their pursuit; and for the following expenditures
required for the several regiments of cavalry, the batteries of light artil-
lery, and such companies of infantry as may be mounted, viz : the pur-
chase of travelling forges, blacksmiths 9 and shoeing tools, horses and mule
shoes and\ nails, iron and steel for shoeing, hire of veterinary surgeons,
medicines for horses and mules, picket ropes, and for shoeing the horses
of the corps named ; also, generally, the proper and authorized expenses
for the movements and operations of an army not expressly assigned to
any other department, ten triiUion dollars.

For the purchase of cavalry and artillery horses, twenty-one million
dollars.

For transportation of officers' baggage, five hundred thousand dollars*

For transportation of the army, including the baggage of the troops
when moving, either by land or water ; of clothing, camp, and garrison
equipage, from the depots at Thiladelphia, Cincinnati, and New York to
the several posts and army depots, and from those depots to the troops in
the field ; and of subsistence stores from the places of purchase, and from
the places of delivery under contract, to such places as the circumstances
of the service may require them to be sent ; of ordnance, or ordnance
stores, and small arms, from founderies and armories to the arsenals, for-
tifications, frontier posts, and army depots ; freights, wharfage, tolls, and
ferriages ; for the purchase and hire of horses, males, oxen, and harness,
and the purchase and repair of wagons, carts, and drays, and of ships, and
other sea-going vessels, and boats required for the transportation of sur>
plies and for garrison purposes ; for dray age and cartage at the several
posts ; hire of teamsters; transportation of funds for the pay and other
disbursing departments ; the expense of sailing public transports on the
-carious rivers, the Gulf of Mexico, and the Atlantic and Pacific ; and for
procuring water at such posts as, from their situation, require it to be 1
brought from a distance ; and for clearing roads* and removing obstruc-
tions from roads, harbors, and rivers, to the extent which maybe required
for the actual operations of the troops in the field, thirty million dollars.
. For the hire or commutation of quarters for officers on military duty ;
hire of quarters for troops; of storehouses for the safe-keeping of military
stores; of grounds for summer cantonments; for the construction of tem-
porary huts, hospitals, and stables/ and for repairing public buildings at
established posts, five million dollars.

For heating and cooking stoves, one hundred thousand dollars.

For constructing and extending, the telegraph for military purposes, and
for expenses in operating the same, five hundred thousand dollars.

For supplies, .transportation, and care of prisoners of war, one million
dollars.

THIRTY-EIGHTH CONGRESS. Sbss. IL Ch. 31. 1865. 497

For clothing for the army, camp and garrison equipage, and for ex- Clothing and
penses of offices and arsenals, fifty million dollars. equipage.
For contingencies of the army, four hundred thousand dollars. Contingencies.
For the medical and hospital department, six million dollars. . Me< ^ al ' t &c '*

For expenses of the co m mand i ng general's office, ten thousand dol- commanding

lars. general's office.

For the secret service, one hundred thousand dollars. Secret service.

For armament of fortifications, three million five hundred thousand Armament of

dollars. fortifications.

For the current expenses of the ordnance service, one million two hun- vi ^' dliance 8er *
dred and fifty thousand dollars.

For ordnance, ordnance stores, and supplies, including horses, and the Ordnance,
purchase and manufacture of army accoutrements and horse equipments stores, &c.
for volunteors and regulars, twenty million dollars.

For the manufacture of arms at the national armory, three million five Manufacture
hundred thousand dollars* of arm3 -

For repairs, improvements, and new machinery at the national armory, Repairs, &c»,
one hundred thousand dollars. at armor y»

For the purchase of gunpowder and lead, two million five hundred Gunpowder
thousand dollars. and lead.

For repairs and improvements at arsenals, including new and additions Arsenals,
to present buildings, and machinery, tools, and fixtures, five hundred
thousand dollars.

For signal service of the army, one hundred thousand dollars. Signal service.

For salaries of- two clerks in the signal office^ two thousand eight hun-
dred dollars.

Sec. 2. And be it further enacted, That to supply a deficiency in the Deficiency for
appropriations for the current fiscal year, for ordnance, ordnance stores, 1865 » ,o r ord "
and supplies, including the purchase and manufacture of arms, accoutre- 1 *"*
ments, and horse equipments for volunteers and regulars, the sum of seven
millions of dollars is hereby appropriated out of any money in the Treas-
ury not otherwise appropriated.

Sec. 3. And be it further enacted, That from and after the first day Commutation
of March, eighteen hundred and sixty-five, and during the continuance of ^officers' sub-
the present rebellion, the commutation price of officers' subsistence shall ^
be fifty cents per ration : Provided, That said increase shall not apply to Proviso,
the commutation price of the rations of any officer above the rank of
brevet brigadier-general, or of any officer entitled to commutation for fuel
or quarters.

Sec 4. And be it further enacted, That all officers of volunteers now of voj^nteere to"
in commission, below the rank of brigadier-general, who shall continue in have three
the military service to the close of the war, shall be entitled to receive, months' pay
upon being mastered out of said service, three months* pay proper. ©utof BerriceT

Sec. 5. And be it further enacted, That commissioned officers of the officers in the
army, serving in the field, shall hereafter be permitted to purchase rations field may buy
for their own use, on credit, from any commissary of subsistence, at cost ^ ons oa***^,
prices, and the amount due for rations so purchased shall be reported
monthly to the paymaster-general, to be deducted from the payment next
following such purchase* And the Secretary of War is hereby directed
to issue such orders and regulations as he may deem best calculated to
insure the proper observance hereof.

Sec. 6* And be it further enacted. That the Secretary of War is Tobacco for
hereby authorized and directed to cause tobacco to be furnished to the ^[ 8 ^?^ en at
enlisted men of the army at cost prices, exclusive of the cost of transpor-
tation, in such quantities as they may require, not exceeding sixteen
ounces per month, and the amount due therefor shall be deducted from
their pay in the same manner as at present provided for the settlement of
clothing accounts.

Sec. 7. And be it further enacted, That, in addition to the amount here- Additional ar>

42*

m THIRTY-EIGHTH CONGRESS. Suss. IL Cel 82, SB. 1865.

propriatlon tor inbefore appropriated for the pay of die army, the sum of thirty-six mill-
pay of army, ions of dollars is hereby appropriated out of any money in the Treasury

not otherwise appropriated*
Appboved, March 8, 1865.

March 3, 136 5. Chap. LXXXII. — An. Act to amend an Act entitled "AnActtotnwide a National Cut
1864 ch. 106 rency, secured by a Pledge of Untied States Bonds, and to provide for the Circulation and
§ 2L ' Redemption thereof"

An$e,p.m. Beit enacted by ike Senate and House of Representatives of the United
States of America in Congress assembled. That section twenty-one of
said act be so amended that said section shall read as follows :
Banking asso- Sec. 21* And be it further enacted, That upon the transfer and delivery
cations after f bonds to the treasurer, as provided in the foregoing section, the asso*
iwnds^may elation making the same shall be entitled to receive from the comptroller
<*ive circulating of the currency circulating notes of different denominations, in blank, reg-
t* * 68 * istered and countersigned as hereinafter provided, equal in amount to

ninety per centum of the current market value of the TJnited States bonds
limit of so transferred and delivered, but not exceeding ninety per centum of the
aaiount of notes amount of said .bonds at the par value thereof if bearing interest at a rate
to be received. not g ye ^ ^ntum per annum ; and the amount of said circu-

lating notes to be furnished to each association shall be in proportion to
its paid-up capital as follows, and no more : To each association whose
capital shall not exceed five hundred thousand dollars, ninety per centum
of such capital ; to each association whose capital exceeds Ave hundred
thousand dollars, but does not exceed one million dollars, eighty per centum
of such capital ; to each association whose capital exceeds one million dol-
lars, but does not exceed three millions of dollars, seventy-five per centum
of such capital ; to each association whose capital exceeds three millions
Apportionment of dollars, sixty per cent* of such capital And that one hundred and
of authorized fifty millions of dollars of the entire amount of circulating notes author?
curciJddoQ * ized to be issued shall be apportioned to associations in the states, in the

District of Columbia, and in the territories, according to representative
population, and the remainder shall be apportioned by the Secretary of
the Treasury among associations formed in the several states, in the Dis-
trict of Columbia, and in the territories, having due regard to the. existing
banking capital, resources, and business of such states, district, and terri-
tories.

Appbovbd, March 8, 1865.

March 3 1865* Chap. LXXXIII. — An Act topreventthe Enlistment of Persons charged with Crime in

1 the District of Columbia, as Substitute [«] or as Volunteers in the Army or Navy, and to

prevent Frauds at the District Jail, in the City of Washington.

Be it enacted by the Senate and House of Representatives of the United
Persons States of America in Congress assembled. That, from and after the pas-
charged wiA gage of this act, it shall be unlawful for any person, with knowledge of the
Di^ctofColum- fact, to present or offer to any recruiting agent or officer, or any muster-in
bia not to be of- officer in the United States military or naval service, either, as a volunteer
^ ered M ™fa2* or as a substitute for any person, any person charged with the commission
^eersor sudso- ^ ^ criminal offence, and confined or held on bail for the trial of such

offence, within the District of Columbia ; and it shall in like manner be
unlawfukfor any person, in any way or manner, to abet, aid, or assist in
procuring the offer or acceptance of any person so charged or held for
trial, or released on bail and awaiting trial, either as a volunteer or as a
substitute for any person drafted or liable to draft in the military or naval
service of the United States, whether the person so drafted or liable to
draft shall be a resident of the District of Columbia, or shall reside else-
Punishment of where* And any person who shall knowingly offend against the provis-
principais and ions of this section, or either of such provisions, shall be deemed guilty
aouetjaorieB. f g misdemeanor, and shall upon conviction thereof before a court of

THIBTY-EIGHTH CONGRESS. Sess. TL Cel 88, 84 1865. 499

competent jurisdiction in Baid district, be punished by a fine of not less
than two hundred and fifty dollars, and not more than one thousand dol-
lars, and by imprisonment in the district prison for a term not less than
six months nor more than one year.

Sec. 2. And be it further enacted, That any officer of the district jail Officers, or
of the District of Columbia, or any guard thereof, or any attache' or em- |^ p ^^ ^ e
ployee connected with said jail,' who shall demand or directly or indirectly j or i^rmation
receive, any compensation, fee, reward, or gratuity for any information respecting pris-
given in respect to any prisoner "confined therein, or awaiting trial upon ^jf.^
bail, or for any service, assistance, or influence rendered, given, or exerted, tehed.
with any view, intent, or purpose of having such person thus charged or
held for trial, or held in [on] bail to await trial, taken, offered, or used
either as a volunteer or as a substitute for any other in the military or na-
val service, or who shall corruptly receive, for any act done by virtue of
his office or employment, any fee, compensation, reward, or gratuity, shall
be deemed guilty of a misdeanor [misdemeanor] £and] shall on conviction
thereof in any district court of competent jurisdiction, be punished by a
fine of not less tban two hundred and fifty dollars, and not more than
one thousand dollars, and by imprisonment in the district prison for a
term not less than throe months nor more than one year.

Approved, March 3, 1865.

Chap. LXX2GV. — An Act supplementary to the several Acts relating to Pensions. March 3, 188S«

Be & enacted by the Senate mod Bouse of Representatives of ike United
State* of America in Congress assembled, That no invalid pensioner now Invalid pen-
or hereafter in the service of the United States shall be entitled to draw ^ 8T ® e 1 ^ t0
a pension for any period of time during which he is or shall be entitled to while reeei^ng
the full pay or salary which an able-bodied person discharging like duties foil salary, &c.
to the government is allowed by law*

Sec. 2. And be it further enacted. That acting assistant or contract sur- Acting assist-
geons disabled by any wound received or disease contracted while actually Sp^j^^j^^ 60113 *
performing the duties of assistant surgeons or acting assistant surgeons, entitled to
with any military forces in the field or in transitu, shall be entitled to the pennons,
benefits of the pension laws in the same manner as if they had actually
been mustered into the service with the rank of " assistant surgeon," and
the widows, minor children, or the dependents of acting assistant surgeons
dying while performing the duty aforesaid, shall in like manner be entitled
to the same benefits of the pension laws as if the deceased had been
actually mustered into the service as assistant surgeons.

Sec* 3. And be it further enacted, That all persons now .by law entitled Persona los-
to a less pension than hereafter specified who shall have lost one mot and to^jSve^a" 1 *
one hand in the military service of the United States, and in the line of month.
his [their] duly, shall be entitled to twenty dollars per month*

Sbo* 4. And be it further enacted, That if any officer or other person Widow or
named in the first section of an act entitled "An act to grant pensions," ^/ ld f]t? <>*
approved July fourteen, eighteen hundred and sixty-two, has died since t0 recefr^enV"'
the fourth day of March, eighteen hundred and sixty-one, or shall here- sion, &c
after die by reason of any wound received or disease contracted while in 1888, eh* 166,
the service of the United States, and in the line of duty, his widow, or ^ vol»xU«p»668«
if there be no widow, or in case of her death or marriage, without pay-
ment to her of any part of the pension hereinafter mentioned, his child or
children, under sixteen years of age, shall be entitled to receive the same
pension as the husband or father would have been entitled to under said
act, had he been totally disabled, to commence from the death of the hus-
band or father, and to continue to the widow during her widowhood, or to
the child or children until they severally attain to the age of sixteen years,
and no longer: Provided, That when such pension has been, or shall Proviso,
hereafter be, paid to the widow, such child or children shall only be en-

THIRTY-EIGHTH CONGRESS. Sms. JL Ca. 85, 83. 2865.

titled to receive the pension, to commence from die death or marriage of
Farther pro- such widow and [to] coo tin tie as aforesaid ; Provided, further, That noth-
y ™*< ing herein contained shall be construed to repeal or modify the tenth sec-

tion of an act entitled "An act supplementary to 'An act to grant pensions,'
approved July fourteenth, eighteen hundred and sixty-two/' approved July
1864, ch. 347, fourth, eighteen hundred and sixty-four, and said section is hereby de-
Ante. p. 88s* dared to be in full force and effect in all cases arising under this act to
which said section is applicable, saving and excepting such cases as are
embraced in the preceding proviso*
Approved, March 3, 1865.

March 8, 186ft. Graf. LXXXV. — An Act to provide fir a Chief of Staff to the Lieutenant- General
1 commanding the Armies of the united States*

Be it enacted by the Senate anH House of Representatives of tie United
Chief of staff States of America in Congress assembled, That the President of the
^j^^ 1 " United States may, by and with the advice and consent of the Senate,

appoint a chief of staff to the lieutenant-general commanding the armies
Bank, pay, &c of the United States, who shall have the rank, pay, and allowances of a
brigadier-general in the United States army.
Approved, March 3, 186&

March 3, 1865. Chap* LXXXVL — An Ad regulating Proceedings in criminal Cases, and fir other

Purposes.

Be U enacted by the Senate and House of Representatives of ike United
Grand juries States of America in Congress assembled. That every grand jury impan-
fo^trictor elled before any district or circuit court of the United States to inquire
cSrt ofto>w i Qt0 aQ d presentment make of public offences against the United States,
many members, committed or triable within the district for which the court is hol^Len, shall

consist of not less than sixteen and not 'exceeding twenty-three persons.
If insufficient If of the persons summoned less than sixteen attend, they shall be placed
number attends* 0Q the grand jury, and the court shall order the marshal to summon, either

immediately or for a day fixed, from the body of the district, and not from
the bystanders, a sufficient number of persons to complete the grand jury*
Challenges. And whenever a challenge to an individual grand juror is allowed, and
there are not other jurors in attendance sufficient to complete the grand
jury, the court shall make a like order to the marshal to summon a sufiU
cient number of persons for that purpose* No indictment shall be found,
Twelve must nor shall any presentment be made, without the concurrence of at least
vote tor bill. twelve grand jurors* From the persons summoned and accepted as grand
Foreman may jurors, the court shall appoint the foreman, who shall have power to ad-
swear witnesses, minister oaths and affirmations to witnesses appearing before the grand

jury*

Challenges, Seo. 2* And be it further enacted, That when the offence charged be
number °m treason or a capital offence, the defendant shall be entitled to twenty and

the United States to five peremptory challenges* On a trial for any other
offence in which the right of peremptory challenge now exists, the defend-
ant shall be entitled tcuten and the United States to two peremptory chal-
to be tried by lenges* All challenges, whether to* the array or panel or to individual
ihe court jurors for cause or favor, shall be tried by the court without the aid of

triers*

Sentences for Seo. 8. And be it further enacted, That in every case jyhere any person
▼ear whereto be convicte ^ °f any offence against the United States shall be sentenced to
executed. imprisonment for a period longer than one year, it shall be lawful for the

court by which the sentence is passed to order the same to be executed in
any state prison or penitentiary within the district or state 'where such
court is held, the use of which prison or penitentiary is allowed by the
Esnmes. legislature of such state for such purposes ; and the expenses attendant
upon the execution of such sentence shall be paid by the United Slates*

-EIGHTH CONGRESS. Sbss. TL Ch. 86, 87. 1865. 501

Sec* 4. And be it further enacted, That issues of fact in civil cases in Issues of fact
any circuit court of the United States may be tried and determined bj the Jj^J* 35 ^
court without the intervention of a jury, whenever the parties, or their at- covet, if, &c
torneys of record, file a stipulation in writing with the clerk of the court
waiving a jury. The finding of the court upon the facts, which finding Effect of find-
may be either general or special, shall have the same effect as the verdict fcg*
of a jury. The rulings of the court in the court [cause] in the progress Exceptions to
of the trial, when excepted to at the time, may be reviewed by the su- rulin € 8 -
preme court of the United States upon a writ of error, or upon appeal,
provided the rulings be duly presented by a bill of exceptions. When the
finding is special, the review may also extend to the determination of the
sufficiency of the facts found to support the judgment. ,

Sec. 6. And be it farther enacted, That all acts and parts of acts in Repealing
conflict with this act be, and the same are hereby, repealed. clause.

Sec* 6. And he it further enacted, That this act shall take effect on the When act takes
first day of June, one thousand eight hundred and sixty-five* effect.

Appbovbd, March 3, 1865*

Chap. LXXXVIL—^n Act farther to amend an Ad entitled "An Act fir the CW- March 3, 1865.
lection of direct Taxes in the insurrectionary Districts within the United States, and for iggo ^ gg
other Purposes" approved June seven, eighteen hundred and sixty4vx>. Vol xiip. 422

Be it enacted by the Senate and House of Representatives of ike United
States of America in Congress assembled, That in any case in which a sale Tax commis-
of lands* or tenements has been or shall be made by a board of tax com- ^"^landY &c~
missioners, appointed pursuant to the act of which this is an amendment, and certifi^teT^
and a certificate of sale issued by the board to the purchaser or purchas- may issue writ to
ers of said lands or tenements, it shall and may be lawful for the tax com- P^ g PJ^ 8er il1
missioners to issue, in such form as the Secretary of the Treasury shall
prescribe, a writ, directed to the marshal of the district in which said lands
or tenements are situated, commanding him to put the said purchaser or
purchasers forthwith into possession of the said lands or tenements, and to
make return of his proceedings under the said writ within thirty days to Return,
the commissioners, who shall keep a record of their proceedings in the
matter, and who may, in ease of any failure on the part of die said mar- A j| as ^
shal to execute the first writ, issue alias and pluries writs, as the circum- pluries writs,
[stances] may to [them] seem to require. In case the marshal of the If marshal is
district shall be unable, either by himself or by deputy, to execute such JJ^^J? w j2J
writ, or in case there shall be no marshal of the United States within the may do so.
said district at the time of the issuing of said writ, the same may be exe-
cuted and returned by any fit person, to be specially appointed by the said
board of tax commissioners for the purpose, which appointment shall be in
writing and indorsed in the said writ : Provided, That where the lands or Issuing ot
tenements so sold shall, at the time of such sale, be occupied by the United ^^ed if £nds
States authorities for hospital or other purposes, the issuing of such writ Ire occupied by
shall be suspended during such occupancy, and the purchaser or purchas* the United
ers of such lands or tenements shall be entitled to and receive such rent or bt S*^v Mftrs
compensation for the use of such lands or tenements as the Secretary of receitorenti 8
the Treasury, under regulations prescribed by him, shall order or direct.

Sec. 2* And be it further enacted, That after the time allowed for the Patents when
redemption of any lands or tenements which have been or shall be sold by J^SJ 16 Phased,
a board of tax* commissioners shall have passed, and after the purchase- 90
money shall have been fully paid, the President is authorized and required
to cause a» patent or patents to be issued to any such person as may be the
bona fide purchaser, owner, assignee, or transferee of such lands or tene-
ments under and by virtue of any certificates of sale, or under and by
virtue of any assignment or transfer of such certificate : Provided, That Proviso,
in case of an assignment or transfer of a certificate of sale, the person ap-
plying for such patent shall give satisfactory- proof to the commissioner
of the general land-office of the preceding transfers or assignments.

502

THIRTY-EIGHTH CONGBESS. Skss. IL Ch. 87. 1865.

Majority of Sac. 8* And be it further enacted, That a majority of a board of tax
bo«3of tax commissioners shall have full authority to transact all business and to per-
may act neM ^>nn all duties required by law to be performed by such board, and no

proceeding of any board of tax commissioners shall be void or invalid in
consequence of the absence of any one of said commissioners*
lien creditors, Sbo. 4. And be it Jurther enacted, That any lien creditor (being a loyal
if 1 ° 9 £!' ^mVwi c ^ zen °f United States from the commencement of this rebellion, or
pwceedsof safeT 9 ^ Ba ^J 60 * °f a friendly nation who shall not have taken part against
fr* the United States in this rebellion) of a person whose lands or tenements

shall have been sold by a board of tax commissioners and not redeemed,
shall, after the period of redemption has elapsed, be entitled to payment
out of the balance of the proceeds of sale of such, lands and tenements,
after the same shall have been paid into the treasury of the United
States, of the amount of his lien, if a sufficient sum shall be left for such
purpose;, after the payment of all claims of the United States, together
with the costs and expenses of sale, and the payment of all prior liens,
under such rules and regulations, and after exhibiting such proof of his
right, as the Secretary of the Treasury shall prescribe.
Tax commis- Sec. 5* And be it further enacted, That each board of tax commission-
s' 18 .*^ £i e ers shall file in the department of the treasury a transcript of its pro-
theirproceed- ceedings from time to time as the said proceedings shall occur, and dupli-
foga, Sc., with cates of all orders, resolutions, documents and papers, drafts, plats, and
toeaaury depart- ma p 8 f surveys, made or issued by them, and as often and under such
Copies may be regulations as the Secretary of the Treasury shall prescribe ; and copies
toed in evidence, of any such orders, resolutions, documents, papers, or proceedings, duly

certified to be full and correct copies, under the hand of the said Secre-
tary or of the officer having custody of the said transcripts and duplicates,
under the seal of the treasury, shall be evidence with the same effect as
the originals*

Expenses of Sbc. 6. And be it further enacted, That the expenses caused by or
board, how paid, incident to the proceedings of any board of tax commissioners shall be

paid by the commissioners out of the proceeds of the sales which have
been or shall be made by them of any lands or tenements : Provided,
Proviso. however, That the bills of such expenses shall be first submitted to and

approved by the Secretary of the Treasury.
Principal and Sec. 7. And be it further enacted, That in any case in which lands
interest of pur- shall be redeemed after sale made by the board of commissioners, and
be reiSd^iFlaad a ^ er tne money received by them on the sale of such lands has been paid
is redeemed. into the treasury, by the owner complying with all the provisions of the

law relating to redemption necessary to be complied with on his part, the
said board shall certify to the Secretary of the Treasury the met that
such lands have been redeemed, the amount of the purchase-money paid
by the purchaser, and when the said purchase-money was paid, together
with such other circumstances as the Secretary, by general regulation or
special instructions shall require, and the Secretary, on being satisfied
that the lands have been duly redeemed, shall repay, by draft drawn on
the treasury of the United States, the said purchaser the principal and
Purchaser to interest of the said purchase-money ; and the purchaser shall forthwith
put the owner in ^eii ver possession to the owner so redeeming as aforesaid: Provided,
P °Owner not to ^° wetw *> That no owner shall be entitled to redeem unless, in addition to
be pat In posses- the oath prescribed by existing laws, he shall swear that he has not taken
sion unless he part with the insurgents in the present rebellion, or in any way given
makes oath, &o. ^ em ^ or comfort, and shall satistytbe board of commissioners that the
Proviso. said oath is. true : Provided, also, That a tenant, at sa<F[e]rance or, at
Tenants at will, shall not be allowed to redeem, nor shall a tenant for years be
wm or by sinter- allowed to redeem, unless he shall satisfy the board of commissioners, in

addition to the other requirements of the law, that the owner of the
reversionary estate has been loyal and not in any manner engaged in this
rebellion, nor in giving aid or comfort to rebels*

THIRTY-EIGHTH CONGRESS. Sbss. IL Ch. 87. 1869. 503

Sec 8. And be it farther enacted. That when lands, tenements, par- t Preemption
eels, or lots of land, which, have been selected under direction of the r ^ bt8 *
President for government use, or which have been purchased at any sale
made by a board of tax commissioners for the United States, have been
entered upon by person? claiming preemption rights therein, with the con-
sent or by the authority of the board of tax commissioners, and in accord-
ance vith instructions heretofore issued by the President of the United
States, such persons shall be taken and deemed to have acquired rights of
preemption in said lands ; and all certificates that have been issued or
that shall shaU hereafter be issued by the said board of commissioners to
such persons shall be valid and effectual, as though issued pursuant to the
act of which this is amendatory.

Sec 9. And he it further enacted. That boards of tax commissioners Tax commis-
shali give such notice, by advertisements, of sales of lands to be made by jfwrf
them, by authority of law, as the commissioner of internal revenue, under fonts.
direction of the Secretary of the Treasury, shall order and direct

Sec. 10. And be it farther enacted, That section seven of the act 186$, ch. 21,
entitled "An act to amend an act entitled 6 An act for the collection of $ y oL
direct taxes in insurrectionary districts within the United States, and for *
other purposes/ " be amended by striking therefrom the following words, of ^SSSaS!
that is to say : "or request the same to be struck off to a purchaser for
a less sum than two thirds of the assessed value of said [several] lots or
parcels of ground."

Sec* 11. And be it further enacted. That in case application is made to Tax may be
pay tax on a part of any tract or tracts, lot or lots of land embraced in apportioned,
one valuation, it shall be competent for the commissioners, whether the
valuation shall have been made by them or by the state authorities, to
apportion such valuation and tax in such manner as they may deem just
and reasonable, and the tax so apportioned and fixed shah be a lien upon Lien,
the different parts or parcels, the same as if each had been thus originally
valued or assessed!

Sec. 12. And be it further enacted, That each tax commissioner is Commissioners
hereby authorized and empowered to administer oaths or affirmations in n^^admmister
all cases where the same may be required under this act, and any person penalty for
who shall wilfully take a false oath or affirmation in any such case Shall, false swearing,
upon conviction thereof, be liable to the punishment- and penalties pro-
vided by the laws of the United States for the crime of perjury, and shall
moreover forfeit the sum of five hundred dollars.

Sec. IS. And be it further enacted, That purchasers at any sple, per* Fees for eer*
sons redeeming or in whose behalf writs of possession may be issued, shall tHkatts of sale,
pay to the board of tax commissioners for their use the sum of two dollars w^lt8, .
for each certificate of sale, certificate of redemption, or writ, delivered, . .

provided that the foes thus received, together with the salary of the com- and «SSS not
missioners for any district, shall not exceed the sum of four thousand to exceed, &c
dollars to each of said commissioners, and that any excess that may be Excess, how
received over that amount shall be applied in payment of clerks or other app^**-
persons employed by said commissioners in pursuance of this act, so for
as may be necessary, and the balance, if any, paid as the proceeds of the
sales of lands sold by them are required to be paid.

Sk0. 14 And be it further enacted, That any board of tax commis- Clerks, survey

sioners may employ the requisite number of clerks, surveyors, and assist- 0r8 > ^
ants, who shall receive such compensation as the Secretary of the Treas- *"
ury may prescribe ; and that any clerk appointed by said board may be Clerks may
specially empowered by the said Secretary tor receive and collect moneys ^S^t^aT
due for direct taxes, and rents for lands leased, and to pay them over to
the said board : Provided, however, That he first give security in such sum
and with such conditions as the said Secretary may direct, with sureties
to be approved by him ; and each tax commissioner shalfbe* held to have Tax comraia-
entered on the discharge of his duties when he shall have given approved doners eater

504 THIRTY-EIGHTH CONGRESS. Sess. JL Cm 87, 88, 89* 1866

upon their offices security, taken the required oath, received his commission, and reported
when, &c at the office of the Secretary of the Treasury for duty, unless the said

Secretary shall in any particular case direct otherwise.
Lands held la Sec. 15* And be it further enacted, That- where lands or tenements
soldfortaxes ^ ave ^ >een > or 8na U hereafter be, sold under the provisions of the several
may he redeemed acts of congress relating to the sale of lands for direct taxes in insurrec-
hy any owner* if, tionary districts, in tracts which, at the time of sale, were held by two or

more freehold owners, in severalty, any one of these owners, being other-
wise entitled to redeem, shall be allowed to redeem for the piece or parcel
of land held by him as a freehold owner, as aforesaid, on paying his pro-
portionable part of the tax, penalty, costs, expenses, and interest — the
said proportionable part to be ascertained by the said commissioners.
Option of pur- And it shall be optional with the purchaser either to retain the residue of
J~er m 8 the tract purchased, after a redemption of a part, or to surrender his cer-
tificate of purchase to the commissioners, and receive back from them the
amount of the purchase-money paid, with interest : and in case he shall
elect to retain the piece or parcel unredeemed, he shall surrender his cer-
tificate for the whole tract purchased, and the said board shall issue a new
certificate for the piece or certificate for the piece or parcel of land retained.
Approved, March 8, 1865.

March 3, 1865* Chap. LXXXvTH. — An Act to amend an Act entitled "An Act to aid in ike Con
— siruction of a Railroad and Telegraph Line from the Missouri River to the Pacific Oc&tn,

1862, ch. 120. and to secure to the Government the Use of the same fir postal, military, and other Pur*
vol. xu. p. 489. poses/' approved July first, eighteen hundred and stxty-ttvo, and to amend an Act amend'
1364, ch.216. atory thereof, approved July second, eighteen hundred and sixty-four.

Be it enacted by the Senate and Home of Representatives of the United
Certain rail- State* of America in Congress assembled, That section ten of said act of
roads may issue July second, eighteen hundred and sixty-four, be so modified and amended

^^t^K^Uu to a ^ ow the ^ entral Pacific Railroad Company, and the Western Pa-
separate ^.g^ Railroad Company, of California, the Union Pacific Railroad Com-
pany, the Union Pacific Railroad Company, eastern division, and all other
companies provided for in the said act of the second of July, eighteen
hundred and sixty-four, to issue their six per centum* thirty years' bonds,
interest payable in any lawful money of the United States, upon their
Authority to separate roads. And the said companies are hereby authorized to issue,
ls8tte * respectively, their bonds to the extent of one hundi$d miles in advance

of a continuous completed line of construction*
Assignment hy Sec. 2. And be it further enacted, That the assignment made by the
Central Pacific Central Pacific Railroad Company of California to the Western Pacific
Western Pacific Raii rofta * Company of said state, of the right to construct all that portion
R. B. Co. ratified, of said railroad and telegraph from the city of San Jose* to the city of

Sacramento is hereby ratified and confirmed to the said Western Pacific
Railroad Company, with afl the privileges and benefits of the several acts
of congress relating thereto, and subject to all the conditions thereof:
Provided, That the time within which the said Western Pacific Railroad
First twenty Company shall be required to construct the first twenty miles of their
miles of road, said road, shall be one year from the first day of July, eighteen hundred
Settd? C ° m " and sixty-five, and that the entire road shall be completed from San Jo*e

to Sacramento, connecting at the latter point with the said Central Pa-
cific Railroad, within four years thereafter.
Approved, March 3, 1865.

March 3, 1885. Chap. T«X?fXlX. — An Act relating to the postal Laws.

Se it enacted by the Senate and House of Representatives of the United
Unpaid do- States of America, in Congress assembled, That all domestic letters, ex-
mesticletters.ex- letters lawfully franked, and duly certified letters of soldiers and
semtodead-let- mariners in the service of the United States, which are deposited for
ter office. mailing in any post-office of the United States, on which the postage is

THIRTY-EIGHTH CONGRESS. Sess. II* Ch. 89. 1865.

505

unpaid, snail be sent, by the postmaster to the dead-letter office in Wash-
ington; and all letters deposited for mailings paid only in* part, shall be Pait-paid let-
forwarded to destination, charged with the unpaid rate, to be collected on ^tobe for "
delivery.

Sec. % And be & further enacted, That Hie provisions of the act enti- Provisions of
tied "An act for the relief of postmasters who ha ve been robbed by con- ^^J^' 781
federate forces or rebel guerrillas," approved April twenty-nine, eighteen jnte.^.^.
hundred and sixty-four, be, and the same are hereby, extended to cases
of loyal postmasters where, by reason of the presence of armed forces, a
post-office is destroyed and the postmaster loses the fixtures and furniture
or postage stamps, and stamped envelopes ; and also to cases where such
losses are occasioned by armed forces other than those of the so-called
Confederate States*

Sso. 3. And be it further enacted, That, in addition to the items of rent, Allowance at
fuel, light, and clerks enumerated in the fifth section of the act approved ^UOT^^iw-
July first, eighteen hundred and, sixty-four, the Postmaster-General be, ery> &c?
and he is hereby, authorized to allow, at hjs discretion, out of the revenues is&4, ch. 197,
of the office at New York, and of offices of the first, second, third, and .
fourth classes, a just and reasonable sum for the necessary cost, in -""^P*
whole or in part, as well of the foregoing items, as of furniture, sta-
tionery, printing, and other items of expenditure required at offices of
those classes, to be adjusted upon a satisfactory exhibit of the facts ; and Certain ex-
that he be authorized to pay, out of the proceeds of the money-order bugi- 5rderbuy8k?eOT ey-
ness, the cost of stationery and such other incidental expenses as are to be paid from
necessary for the transacdon of that business. proceeds.

Sec. 4. And be it further enacted. That the seventh section of the act Pay for adver-
entitled "An act to amend the laws relating to the Post-Office Depart- ^ n S^ e 7* not
ment," approved March three, eighteen hundred and sixty-three, be, and esu ^ m
the same is hereby, amended so as to authorize the Postmaster-General ise3, ch! 71,
to allow for the publication, in newspapers, of the list of non-delivered § *l
letters at any post-office, compensation at a rate not to exceed two cents p *
for each letter so advertised.

Sso. 5. And be it further enacted, That the seventeenth section of the . Salary of spe-
act entitled "An act to establish salaries for postmasters, and for other ^ffc^^&c!*"
purposes," approved July one, eighteen hundred and sixty-four, be, and ^864. 1^! 197
the same is hereby, amended so as to restore, from the* date of its passage, § 17. '
to the special agent of the Post-Office Department in the Pacific states <4»fe>p*339*
and territories, his regular salary of two thousand five hundred dollars
per annum, under the act of March' two, eighteen hundred and sixty-one, 18Q1, eh. 7&»
with an allowance, in addition thereto, of a sum not exceeding five dollars * v i. x |t p. 205.
per diem, to provide for his actual travelling and incidental expenses while
actively employed in the service. And the Postmaster-General is hereby
authorized to appoint an additional special agent for die Pacific states Additional spe-
and territories, and two additional special agents to superintend postal agents,
matters connected with the railway mail service of the United States,
who shall receive the same sa&ry and per diem allowance for travelling
and incidental expenses,, to be paicf out of the appropriation for mail trans-
portation.

Sec. 6. And be it farther enacted, That hereafter special agents of the ty™** 1 ^"SL
Post-Office Department, other than those appointed for the Pacific states
and territories, or those appointed under the authority of the preceding expenses.' 9
section of this act to superintend postal matters connected with the railway
service of the United States, shall be allowed for their necessary travel-
ling and incidental expenses, while actively employed in the service, a
sum not exceeding five dollars per diem.

Sec. 7» And be it farther enacted, That the Postmaster-General be, Post-route
and he is hereby, authorized to pay, out of the appropriation for miscel- ""g^^
laneous expenses, the sum of ten thousand dollars, or so much thereof as p^uVhed*
may be required, for defraying the necessary expense of preparing and
you xm. Pub. — 48

506 THIRTY-EIGHTH CX3NGBESS. Ssss. IL Ch. 89. 1865.

t

publishing a set of pdst-rotote maps arranged by states and groups of
states, and showing ail the permanent mail routes, distances, and post-
offices thereon in the United States, with other statistical information.
Clerks in rail- Sjbo. 8. And be it farther enacted. That for the purpose of assorting
way post-offices, and distributing letters and other mail matter in railway post-offices, the

Postmaster-General may, from time to time, appoint clerks, who shall be
Pay* paid out of the appropriation for mau transportation : Provided, That the

salary of each head clerk so appointed and employed, shalL not exceed
fourteen hundred dollars per annum, and that the salary of other clerks
shall not exceed twelve hundred dollars each per annum*
Mau serried by Seo. 9. 2nd be it farther enacted. That the provisions of the fourth
steamship to for- section of the act entitled * An act making appropriations for the service
ho^iSSyb'e^id. of the Post-Office Department during the fiscal year ending the thirtieth
1890 cK. lai °^ ^ une ' 6 %^ een hundred and sixty-one," approved June fifteen, eighteen
§ 4, ' ' hundred and sixty, be and the same are hereby modified so as to author-
Yol. xi. p. 89. ize the Postmaster-General to cause the mails to be transported between
the United States and any foreign port or ports, or between ports of the
United States, touching at a foreign port, by steamship, allowing and pay-
ing, therefor, if by an American vessel, any sum not exceeding the sea
and United States inland postage, and if by a foreign vessel, any sum not
exceeding the sea postage on the mails so conveyed*
Letters and Sbc. 10. And be it farther enacted, That no steamship or other vessel
raaOytlosted departing from the United States for a foreign port or ports, shall be per-
ati the post-office mitted to receive on board, or convey any fetters or letter packets origi-
of the port, not natiog in the United States, which have not been regularly posted at, and
ste&mSri^&L received from, the post-office at the port of departure j and it shall be the
Conditions of duty of the collector or other officer of the port empowered to grant clear-
clearance of ves- ances of vessels, to require as a condition of clearance, from the master or
***** commander of such steamship or vessel, an oath or affirmation that he has

not received on board his ship or vessel, and has not under his care or
within his control, and will not receive and convey any letters or letter
packets addressed to a foreign country, except as hereinafter excepted,
which hire have not been delivered to him from the post-office at the port
Proviso. of departure : Provided, however. That the provisions of this section shall
not apply to any letters or letter packets which relate to the cargo and are
addressed to the owner or consignee of such steamship or other vessel, or
to any letters or packets, which are enclosed in a United States stamped
envelope of a denomination sufficient in amount to cover the United States
postage legally chargeable thereon, if such letters or packets. had been
posted and transmitted by the regular mail*
Pepnty post- Sec. 11* And be it farther enacted. That nothing contained in the act
masters may de- entitled "An act to establish a postal money-order system," approved
Stt bfc May seventeen, eighteen hundred and sixty-four, or in any other act,
and negotiate shall be so construed as to prevent deputy postmasters at money-order or
^ou^tiSem. otaer ^°^ from depositing in the national banks designated by tlie Secre-
1864 ch. 87. tary of the Treasury as public depositories, to their own credit as deputy
Ante, p. 76. postmasters, money-orders, or other funds in their charge, under the direc-
tion of the Postmaster- General, nor to prevent their negotiating drafts,
orders, or other evidences of debt through these banks, as they may be
instructed and required by the Postmaster-General.
Appropriations Sec. 1?. And be it farther enacted, That the balance which may remain
^8tem n fo^"lw r unexpended of the appropriation of one hnndred thousand dollars to meet
may supply defi- any deficiencies in the proceeds of the money-order system during the pres-
idencies »r 1866. ent fiscal year, under the thirteenth section of the act approved May sev-
enteen, eighteen hundred and sixty-four, may be used, as far as may be
necessary, to supply deficiencies in the proceeds of the aforesaid system
luring the fiscal year commencing July first, eighteen hundred and sixty*
five.

Sec. 18. And be it farther enacted, That if any person or persons shall

THIRTY-EIGHTH CONGRESS. Sess. II Cbl 89, 90. 1865- 507-

wilfully and maliciously injure, tear down, or destroy any letter-box. Wilful,
pillar-box, or other receiving-boxes established by authority of the Post- j^ 1 "? *&! e
master-General of the United States for the safe deposit of matter for the puSed, '
mails and for delivery ; or shall wilfully aid and assist in injuring, tearing
down, or destroying any such box or boxes, every such offender, being
thereof duly convicted, shall, for every such offence, be fined not less than
one hundred, nor more than one thousand dollars, or be imprisoned not
less than one year, nor more than three years, or both, according to the
circumstances and aggravations of the offence. And if any clerk or Penalty upon
other person employed in any of the departments of the post-office estab- ^^jw'^J
lishment shall wilfully and unlawfully remove from any letter posted at lawfully re-
or received in any post-office or branch post-office, established by authority moving postage-
of the Postmaster-General of the United States, any postage-stamp or J^** 8 ftom l6t "
stamps affixed thereto in payment of postage, every such offender, being
thereof duly convicted, shall, for every such .offence, be fined not more -
than one hundred dollars, or imprisoned not more than six months," accord-
ing to the circumstances and aggravations of the offence.

Sec. 14. And be it further enacted, That the yearly advertisement for Publication of
proposals to carry the maOs of the United States shall be published here- j^ro W ™isfor
after for a period of six weeks in one or more, but not to exceed five, cam^agtbe °
newspapers, printed in the state or territory where the mail service is to maite.
be performed, one of which shall be printed at the seat of government of
such state or territory.

Sec. 15. And be %t further enacted. That nothing contained in the act Delivery of i
entitled « An act to amend the laws relating to the Post-Office Depart- ^SSf !
ment," approved March third, eighteen hundred and sixty-three, shall be 2S63, 71, '
so construed as to repeal or modify the second section of the act entitled VoL xii/p. 701.
"An act making appropriations for the service of the Post-Office Depart-
ment during the fiscal year ending the thirtieth of June, eighteen hundred 1861, 131,
and sixty-one," for the delivery of letters and other mail matter from post- § y ol xii ^
offices where Hie system of free delivery by carriers has* not been estab- * > p. •
lished : Provided, nevertheless, and it is hereby further enacted, That the System of free
system of free delivery shall be established m every place containing a JSJj^JfS
population of fifty thousand within the delivery of the office thereof, and *hen,&c '
at such other places as the Postmaster-General in his judgment shall di-
rect : And provided, further, That the prepayment postage on drop-letters Postage on
in all places where free delivery is not. established shall be one cent only. * dr op-fetter8.

Sec. 16. And be U ftfaiker enacted, That no obscene book, pamphlet, Obscene books,
picture, print, or other publication of a vulgar and indecent character, l ? ?, d "

shall be admitted into the mails of the United States ; any person or per- m,tted ntomml8 '
sons who shall deposit or cause to be deposited, in any post-office or branch
post-office of the United States, for mailing or for delivery, an obscene
book, pamphlet, picture, print, or other publication, knowing the same to Penalty for
be of a vulgar and indecent character, shall be deemed guilty of a mis- knowingly de-
demeanor, and, being duly convicted thereof, shall for every such offence D^^fc^for
be fined not more than five hundred dollars, or imprisoned not more than mailing. '
one year, or both, according to the circumstances and aggravations of ; the
offence.

Approved, March 8, 1865.

Chap. XO. — An Act to ettabiisk a^Bttreau for the Reiiof of Froedmon arid jR*fUg4*». March 3, 1865.

Be it enacted the Senate and Bouse of Meprhsentatives of the United
States of America in Congress assembled, That there is hereby established Bureau of reta-
in the War Department, to continue during the present war of rebellion, ^*^? m !X*
and for one year thereafter, a bureau of refugees, freedmen, and aban- fandsu °
doned lauds, to which shall be committed, as hereinafter provided, the Duty, &c. t of
supervision and management of all abandoned lands, and the control of all bureau,
subjects relating to refugees and freedmen from rebel states, or from any
district of country within the territory embraced in the operations of the

508

THIRTY-EIGHTH CONGRESS. Sess. U. Ch. 90. 1865.

army, under such rules and regulations as may be prescribed by the head
of the bureau and approved by the President. The said bureau shall be
Commissioner* under the management and control of a commissioner to be appointed by
the President, by and with the advice and consent of the Senate, whose
Pay. compensation shall be three thousand dollars per annum! and such number

Clerks. of clerks as may be assigned to him by the Secretary of War, not exceed-
ing one chief clerk, two of the fourth class, two of the third class, and five
of the first class. And the commissioner and all persons appointed under
Oath of office, this act, shall, before entering upon their duties, take the oath of office
prescribed in an act entitled a An act to prescribe an oath of office, and
Voi?'^*p. &02. *° r 0t ^ er purposes," approved July second, eighteen hundred and sixty-
two, and the commissioner and the chief clerk shall, before entering upon
Bonds. their dudes, give bonds to the treasurer of the United States, the former
in the sum of fifty thousand dollars, and the latter in the sum of ten
thousand dollars, conditioned for the faithful discharge of their duties re-
spectively, with securities to be approved as sufficient by the Attorney-
General, which bonds shall be filed in the office of the first comptroller of
the treasury, to be by him put in suit for the -benefit of any injured party
upon any breach of the conditions thereof.
Issues of pro- Sec 2. And be it farther enacted, That the Secretary of War may
visi^ dething, direct such issues of provisions, clothing, and fbel, as he may deem need-
gees and freed-"* *° r ^ e immediate and temporary shelter and supply of destitute and
men, &c suffering refugees tfnd freedmen and their wives and children, under such

rules and regulations as he may direct.
Assistant com- Sec. 3. And be it further enacted, That the President may, by and
missioner for with the advice and consent of the Senate, appoint an assistant commis-
sur^tion. m " sioner for each of the states declared to be in insurrection, not exceeding

ten in number, who shall, under the direction of the commissioner, aid in
Bond. the execution of the provisions of this act ; and he shall give a bond to the

Treasurer of the United States, in the sum of twenty thousand dollars, in
the form and manner prescribed in the first section of this act. Each of
Pay. said commissioners shall receive an annual salary of two thousand five

Military officers hundred dollars in full compensation for all his services. And any mili-
™ a ?J e ^K 11 ^ tary officer may be detailed and assigned to duty under this act without
Annual and increase of pay or allowances. The commissioner shall, before the corn-
special reports of mencement of each regular session of congress, make full report of his
commissioners, proceedings with exhibits of the state of his accounts .to the President,

who shall communicate the same to congress, and shall also make special
reports whenever required to do so by the President or either house of
Assistants to Congress ; and the assistant commissioners shall make quarterly reports
report quarterly. f t h e ; r proceedings to the commissioner, and also such other special

reports as from time to "time may.be required.
Abandoned Seo. 4. And be it further enacted. That the commissioner, under the
lands in infmrree- .direction of the President, shall have authority to set apart, for the use of
may a t>e wrtapart lo 7 al refugees and freedmen, such tracts of land within the insurrectionary
for refugees and states as shall have been abandoned, or to which the United States shall
freedmen. have acquired title by confiscation or sale, or otherwise, and to every male
Limit of land citizen, whether refugee or freedman, as aforesaid, there shall be assigned
assigned. not more than forty acres of such land, and the person to whom it was so

assigned shall be protected in the use and enjoyment of the land for the
Bent term of three years at an annual rent not exceeding six per centum upon

the value of such land, as it was appraised-by the state authorities in the
year eighteen hundred and sixty, for the purpose of taxation, and in case
no such appraisal can be found, then the' rental shall be based upon the
estimated value of the land in said year, to be ascertained in such manner
as the commissioner may by regulation prescribe. At the end of said
Occupants term, or at* any time during said term, the occupants of any parcels so
may purchase, assigned may purchase the land and receive such title thereto as the

United States can convey, upon paying therefor the value of the land, as

THIRTY-EIGHTH CONGRESS. Sbss. IL Ch. 91. 1865.

509

*

ascertained and fixed for the purpose of determining the annual rent
aforesaid.

Seo. 5* And be it farther enacted, That all acts and parts of acts Bepealing
inconsistent with the provisions of this act, are hereby repealed* d&ase *
Approved, March 3, 1865.

Qpaf. XCL — An Act to incorporate a national mBaru and naval Asylum far the March 3, 1865.
Belief of the totally disabled Officers and Men of the volunteer Forces of the United
States.

Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled, That Uly[sjsea S. Grant, David A national mil-
G. Farragut, Hannibal Hamlin, Andrew Johnson, Salmon P. Chase, Ed- ^f^^.
win M. Stanton, Gideon Welles, John A* Dix, George Bancroft, William rated.
T. Sherman) John A. Andrew, Andrew G. Curtin, Oliver Morton, Corporators.
Benjamin F. Butler, George G* Meade, John Brough, Nathaniel P.
Banks, Joseph Hooker, Samuel R. Curtis, Richard J. Oglesby, David
Tod, Henry Ward Beecher, Ambrose E. Burnside, John A. Logan, Dan-
iel S. Dickinson, William A* Buckingham, Carl Schurz, Oliver O. Howard,
Hamilton Fish, Frank Sigel, Francis Wayland, Austin Blair, Thomas C.
Fletcher, Robert Breckinridge, LoveH H. Bousseau, Horace Greeley,
George H. Stuart, Joseph Henry, John G. Barnard, Henry J. Raymond,
William B* Astor, James Gordon Bennett, H. W. Halleck, William E.
Dodge, William M. Evarts, James T. Brady, Gerritt Smith, Reuben* E.
Fentoo, Bellamy Storer, George P. Mcllvaine, Galusha A. Grow, Henry
W* Bellows, J. S. C. Abbott, Jay Cooke, Oliver Wendell Holmes, Israel
Washburn, Jr., Ichabod Goodwin, Frederick Smyth, John Z. Goodrich,
Charles Henry Davis, William Claflin, J. Wiley Edmands, Amos A.
Lawrence, Edward S. Tobey, Thomas Russell, Charles G. Lbring, George
B* Upton, Charles G. Greene, J. M. S. Williams, George G. Stannard,
Henry M» Rice, Grenville M. Dodge, Morton M > Michael, Thomas Web-
ster, James M. Scovel, Nathaniel B. Baker, Richard J. Field, JJenry C.
Carey, John W* Forney, Bislfop M. Simpson, G. S. Griffith, William
Henry Ghanning, James E. Yeatman, D wight Durkee, A* T. Stewart,
Barnabas Hobbs, Montgomery Blair, Joseph R. Barnes, E. B. Ward,
Henry Benham, Frank Moore, Alfred Lee, Edward Solomon, Thomas C*
Bryan, B* B. French, Samuel J* Crawford, James T. Pratt, Alfred H.
Terry, Edward Tompkins, Moses F. OdeU, and their successors, duly
chosen, are hereby 'constituted and' created a body corporate in the Dis-
trict of Columbia*

Sec* 2. And be it further enacted. That the said corporation Hereby Corporation to
constituted shall consist of one hundred members* They shall have* power J° °* e
to rill all vacancies created by death, resignation, or otherwise, and to y^ecs*
make uy-laws, rules, and regulations : Provided, That such by-laws, rules, Powers,
and regulations are not repugnant to the constitution or laws of the United
States.

Sec. 3* And be it further enacted. That the business of said corporation Directors,
shall he managed by a board of twelve directors, who shall elect from their
number a president, two vice-presidents, and a secretary ; and seven of Officers,
the directors, of whom the president or one of the vice-presidents shall be
one, shall form a quorum for the transaction of business at any special Quorum,
meeting of the board of directors. .

< Sac. 4* And be U further enacted, That the board of directors shall Site for a mifr.
haye authority to procure -for early use, at a suitable place, a site for a a ^ lum#
military asylum for officers and men of the volunteer forces of the United
States who have been or may hereafter be totally disabled by wounds
received or sickness contracted while in the line of their duty during the
present rebellion ; and to have the necessary buildings erected, having due BuOdfogs.
regard to the health of the location, facility of access, and competency to
accommodate the persons provided fer in this act

43*

610

THIRTY-EIGHTH CONGRESS. Ssss. IL Cm 91, 92. 1865.

Certain stop*
pages, fines, and
forfeitures, to go
to establish and
support the asy-
lum.

Donations*

Site for naval
asylum.

Buildings.
Proviso,

Officers of the
asylum.

Who entitled
to benefits of asy-
lorn.

Directors to
report annually.

Treasurer's ac-
counts.

Inmates sub-
ject to articles of
war.

Act may }>e al-
tered, &c

Sec. 5. And be it further enacted^ That for the establishment and sap*
port of this asylam there shall be appropriated all stoppages or fines ad*
judged against volunteer officers, soldiers, or seamen by sentence of courts-
martial or military commission, over and above the amounts necessary for
the reimbursement of the government or of individuals, all forfeitures on
account of desertion from the volunteer service, and all moneys due de-
ceased volunteer officers, soldiers, or seamen, which now are, or may be,
unclaimed for three years after the death of such officers, soldiers, or sea-
men, to be repaid upon the demand of the heirs or legal representatives
of such deceased officers, soldiers, or seamen. And the said directors are
hereby authorized to receive all donations of money or property, made
by any person or persons, for the benefit of the asylam, and to hold or
dispose of the same for its sole and exclusive use.

Sec. 6. And be it farther enacted, That the selection of the site for,
the said asylum, and the plan of the buildings, and the rules and regula-
tions for the general and internal direction of the asylum, shall be made
by the directors, and they may do all other acts necessary for the gov-
ernment and interests of the same as hereby authorized : Provided^ how*
ever. That no selection of a site for said asylum or adoption of any plan of
buildings shall be agreed upon until after the sum of half a million of dol-
lars shall have been first subscribed or donated and paid into the treasury
of said corporation.

Sec* 7. And he it farther enacted, That the officers of the asylum shall
consist of a governor, a deputy governor, a secretary and a treasurer, and
such officers shall be appointed from die pensioned officers of the volun-
teer service, and. they may be appointed and removed from time to
time, as the interests of the institution may require, by die board of di-
rectors.

Sec. 8. And he it further enacted, That the following persons only shall
be entitled to the benefits of the asylum, and may be admitted thereto upon
the recommendation of the board of directors, namely: all volunteer offi-
cers, soldiers, and seamen who have served daring the present war, who
have been or who may be totally disabled by wounds received or sickness
contracted in the line of their duty, and such persons on becoming in-
mates of this asylam shall assign thereto their pensions daring the time
they shall remain therein and receive its benefits.

Sec. 9* And he it further enacted, That the directors shall make an
annual report of the condition of the asylum to the War Department,
which shall be communicated to congress on the first Monday of every
January after the passage of this act, and it shall be the duty of the said
directors to examine and audit the accounts of the treasurer of this asy-
lum quarterly, and to visit and inspect them at least six times a year.-

Sec. 10. And he it farther enacted, That all inmates of the asylam
shall be, and they are hereby, made subject to the rales and articles of
war, and will be governed thereby in the same manner as if they were in
the army or navy of the United States.

Sec. 11. And he it farther enacted, That congress may at any time
hereafter alter, amend, or repeal this act*

Approved, March 8, 1865.

March 3, 1865. Chap. XCIL — An Act to incorporate the Freedmcm's Savings and Trust Company,

Be it enacted by the Senate and Borne of Representatives of the United
States of America in Congress assemMed> That Peter Cooper, "William C.
Bryant, A. A. Low, S. B. Chittenden, Charles H. Marshal], William A.
Booth, Gerritt Smith, William A. HaU, William Allen, John Jay, Abra-
ham Baldwin, A. S. Barnes, Hiram Barney, Seth B. Hunt, Samuel
Holmes, Charles Collins, R* R. Graves, Walter S. Griffith, A. H. Wallis,
D. S. Gregory, J. W. Alvord, George Whipple, A. S. Hatch, Walter T.
Hatch, E. A. Lambert, W. G. Lambert, Roe Lockwood, R. H. Manning,

The Freed-
man's Savings
and Trust Com-
pany incorpo-
rated.

Karnes of cor-
porators*

THIRTY-EIGHTH CONGRESS* Sass. IL Ch* 92* 1865,

511

Trustee?.

Vacancies.

& W. Bopes, Abert Woedrm% and Thos. Dewey, of .New York ; John
M. Forbes, Wm, Qaflin, S. 6. Howe, George L. Steams, Edward Atkin-
son, A. A* Lawrence, and John M* S. Williams, of Massachusetts ; Ed-
ward Harris and Thomas Davis, of 'Bhode Island; Stephen Colwett, J*
Wheatan Sniith, Francis E. Cope, Thomas Webster, B* S. Hunt, and
Henry Samuel, of Peiinsvlyaaia; Edward Harwood, Adam Pee, Levi
Coffin, J* M. Waldon,of Ohio, and their successors, are coiistitutea' a body
corporate, in the city of Washington, in the District of Columbia, by tie
name of "The Freedman's Savings and* Trust Company/* and by that
name may sue and be soed m any court df the United States*

Sbo. 2. And be it further enacted, Theft the persons named in the first
section of this act shall be the first trustees of the corporation, and all
vacancies by death, resignation, or otherwise, in the office of trustee, shall
be filled by the board by ballot, without unnecessary delay, and at least
ten votes shall be necessary for the election of any trustee* The trustees Monthly meet*
shall hold a regular meeting at least once in each month, to receive reports ^S 8 *
of their officers on the affairs of the corporation, and to transact such busi-
ness as may be necessary; and any trustee omitting to attend the regular^
meetings of the board for six months in succession, may thereupon be con**
sidered as having vacated his place, and a successor may be elected to fill
the same*

Sbo. S. And be it farther enacted. That the business of the corporation Trustees to
shall be managed and directed by the board of trustees, who shall elect SJ^s 8 ""P***
from their number a president and two vice-presidents ; and may appoint o" fficerg<
such other officers as they may see fit; nine of the trustees, of whom the
president or one of the vice-presidents shall be one, shall form a qaurpm Quorum,
for the transaction of 'business at any regular or adjourned meeting of the
board of trustees ; and (he affirmative vote of at least seven members of
the board shall be requisite in making any order for, or authorizing the
investment of any moneys, or the sale or transfer of any stock or secu-
rities belonging to the corporation, or the appointment of any officer re-
ceiving any salary therefrom.

Sec, 4. And be it farther enacted, That the board of trustees of the By-laws,
corporation shall have power, from time to time, to make and establish
such by-laws and regulations as they shall judge proper with regard to
the elections of officers and their respective functions, and generally for
the management of the affairs of the corporation, provided Such by-laws
and regulations are not repugnant to this act or to the constitution or
laws ofthe United States.

Sec. 5. And be it farther enacted, Thajt the general business and ob- Objects and
ject of the corporation hereby created shall be to receive on deposit such JjjjS^^^
sums of money as may be from 'time to time offered therefor, by, or on oorporaa
behalf of, persons heretofore held in slavery in the United States, or tljeir
descendants, and investing the same in the stocks, bonds, treasury notes, Investments,
or other securities of the United States.

Sbo. 6. And be it farther enacted, That it shall be the duty of the Deposits to be
trustees of the corporation to invest, as soofr as practicable, in the securi- forested
ties named in the next preceding section, all' sums received by them
beyond an available fund, not exceeding one third of &e total amount
of deposits with the- corporation, at the discretion of the trustees, which *
available funds may be kept by the trustees to meet current payjpents
of the corporation, and may by them be left on deposit at interest or
otherwise, or in such available form as the trustees may direct.

Sbo. 7. And be it farther enacted. That the corporation may, under Corporation to
such regulations as the board of trustees shall from time to time prescribe, |^ c d !^. dep08ite
receive any deposit hereby authorized to be received, upon such trusts
and for such purposes, not contrary to the laws of the United States, as
may be indicated in writing by the depositor, such writing to be sub-
scribed by the depositor and acknowledged or proved before any officer

512

THIRTY-EIGHTH CONGRESS* Sbss. JX Ch. 92. 186$.

in the civil or military service ' of the United States, the certificate of
which acknowledgment or proof shall he Indorsed on the writing ; and
the writing so acknowledged or proved shall accompany such deposit and

Declarotionof he filed among the papers of the corporation, and be carefully preserved
trust to be filed, therein, and may be read in evidence in any court or before any judicial

officer of the United Spates, without further proof; and the certificate of
acknowledgment or proof shall be prima facie evidence only of the doe
execution of such writing.

Deposits repaid Sbc. 8. And be it farther enacted, That all sums received on deposit
wita Interest. shall be repaid to such depositor when required, at such time, with such

interest, not exceeding seven per centum per annum, and under such reg-
ulations as the board of trustees shall, from time to time, prescribe, which
regulations shall be posted up in some conspicuous place in the room
where the business of the corporation shall be transacted, but shall not
be altered so as to affect any deposit previously made.

Trusts to be Sso. 9* And he it further enacted, That all trusts upon which, and all
performed. purposes for which any deposit shall be made, and which shall be indi-
cated in the* writing to accompany such deposit, shall be faithfully per-
formed by the corporation, unless the performing of the same is rendered
impossible. '

Deposits of Sec* 10. And be it further enacted, That when any depositor shall
^u^ow^Sd^ ^ * ne ^ un ^ d remaining on deposit with the corporation to his credit, and
and disposed of, ail accumulations thereof, shall belong and be paid to the personal repre-
sentatives of such depositor, in case he shall have left a last will and testa-
ment; and in default of a last will and testament, or of any person quali-
fying under a last will and testament competent to act as executor, the
corporation shall be entitled, in respect to the funds so remaining on
deposit to the credit of any such depositor, to administration thereon in
preference to all other persons, and letters of administration shall be
granted to the corporation* accordingly in the manner prescribed by law in
respect to the granting of letters of administration., with the will annexed,
and in cases of intestacy,
Bepresentetfres Sso. 11. And be it further enacted, That in the case of the death of
° f ^htfor* *° an y depositor, whose deposit shall not be held upon any trust created pur-
ioa * ' suant to the provisions hereinbefore contained, or where it may prove

impossible to execute such trust, it shall be the duty of the corporation to
make diligent efforts to ascertain and discover whether such deceased
depositor has left a husband, wife, or children surviving, and the corpora-
tion shall keep a record of the efforts so made, and of the results thereof,
Deposits not and in case no person lawfully entitled thereto shall be discovered, or shall
WvSd^f appear, or claim the funds remaining to the credit of such depositor before
applied- *" the expiration of two years from the death of such depositor, it shall be

lawful for the corporation to hold and invest such funds as a separate
trust-fund, to he applied, with the accumulations thereof, to the education
and improvement of persons heretofore held in slavery, or their descend-
ants, being inhabitants of the United States, in such manner and through
such agencies as the board of trustees shall deem best calculated to effect
that object : Provided, That if any depositor be not heard from within
Advertisements, five years from the date of his last deposit, the trustees shall advertise the
same in some paper of general circulation in the state where the princi-
pal office of the company is established, and also in the state where the
principal vfice of the company is established, and also in the state where
the depositor was last heard mm ; and if within two years thereafter such
depositor shall not appear, nor a husband, wife, ot child of such depositor,
to claim his deposits, they shall be used by the J>oard of trustees as here-
inbefore provided for in this section.
Officers not to Sbo. 12. And be it further enacted, That no president, vice-president,
ftS^corpora- teostee ' officer, or servant of the corporation shall, directly or indirectly,
tion. borrow the fond? of the corporation or its deposits, or in any manner use

THIRTY-EIGHTH CONGRESS* Sess. II. Ch. 92, 93. 1865.

513

the same, or any part thereof, except to pay necessary expenses, under
the direction of the board of trustees. All certificates [or] other evi-
dences of deposit made by the proper officers shall be as binding on
the corporation as if they were made under their common seal It shall
be the duty of the trustees to regulate the rate of interest allowed to the Bate of interest,
depositors, so that they shall receive as nearly as may be a ratable pro-
portion of all the profits of such corporation after deducting all necessary
expenses : Provided, however. That the trustees may allow to depositors,
to the amount of five hundred dollars or upwards, one per centum less
than the amount allowed others : And provided, also, Whenever it shall Dividends,
appear that, after the payment of the usual interest to .depositors, there is
in the possession of the corporation an excess of profits over the liabilities
amounting to ten per centum upon the deposits, such excess shall be
invested for the security of the depositors in the corporation ; and there*
after, at each annual examination of the affairs of the corporation, any
surplus over and above such ten per centum shall, in addition to the
usual interest, be divided rateabiy among the depositors, in such manner
as the board of trustees shall direct

Sec. IS. And be it further enacted, That whenever any deposit shall Deposits of mi-
be made by any minor, the trustees of the corporation may, at their dis- nors;
cretion, pay to such depositor such sums as may be due to him, although
no guajdian shall have been appointed for such minor, or the guardian of
such minor shall not have authorized the drawing of the same ; and the
check, receipt, or acquittance of such minor shall be as valid as if the
same were executed by a guardian of such minor, or the mtnor were of
full age, if such deposit was made personally by such minor* And when-
ever any deposits shall have been made by married women, the trustees of married
may repay the same on their own receipts. women.

Sec. 14. Ana 7 be it farther enacted, That the trustees shall not, di- Trustees, ex-

rectly or indirectly, receive any payment or emolument "for their services ^FP* ? re ff d ff?

* , . , •l . t , j y .ii. &p*, to receive

as such, except the president and vice-president n0 pay.

Sec. 15. And be it farther enacted, That the president and vice-presi- Official bonds,
dent, the subordinate officers and agents of the corporation shall respec-
tively give such security for their fidelity and good conduct as the board
of trustees may from tune to time require, and the board shall fix the Salaries*
salaries of such officers and agents.

Sec, 16. And be it further enacted, That the books of the corporation Books to be
shall, at all times during the hours of business, be open for inspection dnd for mspec-
examination to such persons as congress shall designate or, appoint. Uon "

Approved, March 8, 1865.

Chap. XCHL—An Act fir the hater Organization of the Subsistence Department. Match 8, 1865*

Be U enacted by the Senate and Borne of Representatives of the United
States of America in Congress assembled, That, during the continuance Achiefcom-
of he present rebellion, the Secretary of War may, when in his judgment ro^sarr of sub-
it is necessary, assign to each geographical military division, to each sepa- sistan^may bT
rate army in the field consisting of more than one army corps, to each assigned to each
military department, and to each principal subsistence depot, not exceed- ^? I ^ !vl8ioat
ing ten in number, an officer of the subsistence department to act as chief
commissary of such military division, army, military department, or depot,
and also an officer of the subsistence department as assistant in the office
of the commissary-general of subsistence, each of whom, while so assigned
and acting, shall have the rank, pay, and emoluments of a colonel of the Bank, pay,&e.
subsistence department ; and, in like manner, may assign, for purposes of
inspection or other special duty in the subsistence department, commissa- Commissaries
ries of subsistence, not exceeding six in number, each of whom, while so for in8 P ection -
assigned and acting, shall have the rank, pay, and emoluments of a lieu-
tenant-colonel of the subsistence department; and to each army corps an
officer t)f the -subsistence denartment to be chief commissary of the corps,

814: THIRTY-EIGHTH CONGRESS* Ssss. IL Ch* 94, 95. 1865.

Hanky pay,&c with the like rank of lieutenant-colonel ; and, in like manner, may assign
Commissary to to each division of two or more brigades a commissary, who, while so as-
each dlvisioD ' signed and acting, shall have the rank, nay, and emoluments of a major
When relieved, of the subsistence department : Provided, That when any one of said offi-
&a. re toMa^ 9 0678 re ^ eve ^ fr° m such duty, his increased rank, pay, and emolument^
' allowed because of such assignment, shall cease, and he shall return to his

commissioned rank in the subsistence department : And provided further,
Officers to be That the officers authorized to be assigned by this act shall be selected for
from^lSteere 6300 $ ra ^ e &° m the commissaries of subsistence who hold commissions or
and regulars. rank in the volunteer service and in the regular subsistence department in

proportion to the number of each of said classes respectively in service at
the date of the passage of this act.
Bepeal of in- Sec. 2. And be it further enacted, That all laws and parts of laws in-
consistent laws, consistent with the provisions of this act are hereby repealed*

Approved, March 8, 1865.

March 3, 1865, Chap. XCIV. — An Act to provide fir two assistant heal Inspectors of Steamboats m
■ the City of New York, and fir two local Inspectors at Galena, lUinois; and to reestablish
the Boom of local Inspectors at Wheeling; and also to amend the Act approved Jum
eighth, eighteen hundred and sixty-four, entitled "An Act to create an additional Inspector
of Steamboats and two heal Inspectors of Steamboats- fir Collection Districts of Memphis
and Oregon, and fir other Purposes."

Be it enacted by the Senate and Home of Representatives of the United
Local inspeo- States of Ameriea in Congress assembled, That there shall be designated
boateandassist- an< * a PP° m ted, in the mode prescribed by law, two assistant local inspeo-
ants in New tors of steamboats in the city of New York, and two local inspectors at
York and Galena, the city of Galena, Illinois, with an annual compensation of twelve bun-
Pay and duties, fa^ft dollars for the said assistant local inspectors in the city of New York,
and eight hundred dollars for the two local inspectors at the city of Galena,
Illinois, as in ease of other like inspectors ; and said inspectors shall per-
form the duties and be subject to the provisions of the steamboat act of
1S5&, ch. 106. August thirtieth, eighteen hundred and fifty-two. " And the local board of
Vol. x. p. 61. inspectors at Wheeling k hereby reestablished.

Fees for inspec- Sec. 2. And be it farther enacted, That, in lieu of the fees for inspection
tfott* prescribed by the sixth section of the act entitled " An act to create an ad*

ditional supervising inspector of steamboats and two local inspectors of
steamboats for the collection district of Memphis, Tennessee, and two local
1864, ch. 113, inspectors for the collection district of Oregon, and for other purposes, ap*
$ ^ _ 120 proved June eighth, eighteen hundred and sixty-four, there shall be levied
p * * <and paid for each steam-vessel of one hundred tons or under, twenty-five
dollars, and in addition thereto for each and every ton, in excess of one
hundred tons, five cents*
Repeating Seo. 8* And he it farther enacted, That all acts or parts of acts inoon*
clause. sistent with this act are hereby repealed.

Approved, March 8, 186$.

March 8, 1865. Chap. XQV*—AnA& to provide for the Publication of the Opinions of the Attorneys*

General of the United States.

Be it enacted by the Senate and House ofBepresentatives of the United
.Attorney-Gen- States of Ameriea in Congress assembled, That the Attorney-General bet,
fo? 1 uhiLwn^ an * ^ k herel> y5 authorized to contract on behalf of the United State?
opi^onsof attor"- with a suitable book-publisher for the printing and publishing pf the un*
neys-generai published opinions of the attorneys-general' of the United States, deftv*
emce March*, erec i aince the fourth of March, eighteen hundred and fifty-seven, on the
Sfvi f hii * erms following, to wit : The said opinions to be published in as many '
cation.* pu " volumes as may be necessary, which shall be, as to the quality of paper,

printing, and binding, of uniform style and appearance with the eighth
volume of said opinions, published by Robert Farnham, in the year eigh-
teen hundred and fifty-eight, and, as nearly as possible, of uniform size

1

THIRTY-EIGHTH CONGRESS. Suss. IL Ch. 95, 96, 97. 1865. 516

with said eighth volume, and which shall he nambered in regular order
after the said eighth volume ; the copyright thereof to be taken out by, and Copyright
be for the use of, the publisher, who shall deliver to the Attorney-General
for the use of the United States, within one month after the publication
thereof, three hundred sets 'of said volumes, at the price of three dollars
per volume, payable after they are so delivered. And the Attorney-Gen-
eral is hereby authorized to employ a competent person to edit and pre- Editor, and his
pare the said opinions for publication, as aforesaid, with proper head-notes, d1ltles *
and a full and complete index, and to supervise the said publication.
When the said three hundred sets shall have been delivered for the use
of the United States, the Attorney-General shall cause them to be dis-
tributed as follows: For the President of the United States, two sets; Distribution,
for the Department of State, ten sets ; for the Department of the Treas-
ury and the heads* of the bureaus thereof, twenty-five sets) for the De-
partment of War and the heads of the bureaus thereof, twenty-five sets;
for the Department of the Navy and the heads of bureaus thereof, fifteen
sets ; for the Department of the Interior and the heads of bureaus thereof,
twenty sets; for the Department of the Post-Office, ten sets; for the
Attorney-General's office, ten sets ; for the judges of the supreme court
of the United States, one set each; for the library of said court, three
sets ; for the judges of the court of claims, the solicitor and assistant and
deputy solicitors of said court, one set each ; for the library of congress,
fifty sets, for the use of both houses of congress ; the residue of the said
three hundred sets to remain in charge of the librarian of congress, at the
future disposal of congress. And the sum of seven thousand dollars in Appropriation,
hereby' appropriated, out of any money in the treasury not otherwise ap-
propriated, to pay for the editing of the said opinions and the price of
the said three hundred volumes, which money shall be disbursed on
vouchers approved by the Attorney-General.
Appbovbd, March 8> 1865.

Chap* XCVL — 4n Act to remove all Dkqucfyication of Color in carrying die Mails, March a. 1865.

Be it enacted by the Seriate and House of Representatives of the United
States of America in Congress assembled, Thai' from and after the passage color not to
of this act no person, by reason of color, shall be disqualified from* em- d^uaWforcar-
ployment in carrying the mails, and all acts and parts of acts establishing r ^ n ^ ™* maas "
such disqualification, including especially the seventh section of the act of ch. 64,
March third, eighteen hundred and twenty-five, are hereby repealed. § V, . * , nj4

Approved, March 3, 1865. 7 ▼* * a*

Chap. XCVIL — An Act relating to the Clerkships in the Post-Office Department March 3, 1865.

Be it enacted by (he Senate and House of Representatives of the United ~~
States of America in Congress assembled^ That the third section of an act Chief clerk in
of congress entitled "An act making appropriations for the civil and dip- office of asstet-
lomatic expenses of the government for the year ending thirtieth of June, ^J^ mft8teT '*"
eighteen hundred and fifty-four," approved the third* of March, eighteen X858 oh. 97
hundred and fifty-three, be, and the same is hereby, amended so as to au- | a. ' *
thorize the appointment of a chief clerk in the offices of each of the three Vol. z. p. 209.
assistants postmaster-general, at a salary of two thousand dollars per an- Salary,
num each.

Sbc. 2. And he it farther enacted, That, in lieu of temporary clerks Additional per*
now employed in the Post-Office Department and paid out of the appro- F"£ ent f***
priation for postage-stamps and stamped envelopes and the proceeds of ra^Serf^***
sales of waste paper, the Postmaster-General be, and be is hereby, au-
thorized to appoint two clerks of* class three, two clerks of class two, and
five clerks of class one.

Sec. 3. And he it further enacted, That the sum of eighteen thousand Appropriation,
dollars be, and the same is hereby, appropriated, out of any money in the

616

THIRTY-EIGHTH CONGRESS. Sbss. IL Ch. 98, 99. 1866

treasury not otherwise appropriated, to pay the clerks provided for in the
two preceding sections of this act.
Appropriation Sbo. 4. And be it further enacted, That the sum of six thousand dol-
fortempoiraiy ^ and the same is hereby, appropriated, oat of any money in the

treasury not otherwise appropriated, for tne payment of such temporary
clerks as the Postmaster-General may, from tune to time, deem necessary*
Unclaimed Sbo. 5* And be it further enacted, That unclaimed money in dead let*
latter* andfrom * ew wm ^ 110 owner can be found, and also all money derived from
salefof waste pa- s** 68 waste paper or other public property in post-offices or the Post-
peo% to be depoe- Office Department, be deposited in the treasury of the United States,

under the direction of the Postmaster-General, for the service of the Post-
Office Department ; and any postmaster or clerk in a post-office, or any
other clerk, officer, or agent of the Post-Office Department, having tern-
Wilftl neglect porary custody of such money, and wilfully neglecting to deposit the
todejMsfc how game as herein provided, shall be deemed to be guilty of felony, and be
pnnisn subject to a fine not exceeding double the sum so retained by suck clerk

or other agents as aforesaid, or imprisonment not exceeding three years,
or both, at the discretion of the court
Approved, March 8, 1865.

March 3, 1865. Crap. XCVUL— Jk Ad amendatory of the Am rdattve w me Attorney-General'*
' Office, and tojixthe Compensation of his Assistant and Clerks,

Se it enacted by the Senate and Mouse of Representatives of the United

Salary of as- States of America in Congress assembled* That hereafter the salary of
?k^j^ ttorneyw the assistant attorney-general shall be, and the same is hereby, raised to

the sum of thirty-five hundred dollars per annum.

Clerks in office Sbo. 2. And be it further enacted, That in lieu of the provisions of law
ofAttorney-Gen- prescribing the Attorney-General's powers as to the employment of clerks

in his office, it is provided that the Attorney-General shall be, and he is

Salaries. hereby, authorized to employ in his office one chief clerk at a salary of
two thousand and two hundred dollars per annum, two fourth-class clerks
(being one (( pardon clerk n and one "opinion clerk") at annual salaries -'
of eighteen hundred dollars each, two third-class clerks at annual salaries
of sixteen hundred dollars each, and one first-class clerk at an annual
salary of twelve hundred dollars, besides such temporary clerks as may

Proviso. from time to time be needed : Provided, however^ That the allowances to
such temporary clerks shall in no one year exceed one thousand dollars.

Additional pay Seo. 8* And be it further enacted, That for the purpose of paying, for

exTO^edbaV 10 " ^ e curreDt ^ 8ca ^ y ear > the increased compensation above provided, the
anoes! " Attorney-General is hereby authorized, in addition to the amounts already

appropriated for the payment of salaries in his office in the appropriation
bill for the current fiscal year,, to draw on and use from the unexpended
balance -of moneys standing on the books of the treasury, on the first of
July last, to the credit of his office for the pay of clerks and messenger,
or from any other appropriation then standing to the credit of his office,
and yet subject to his control and unexpended, a sum not exceeding, in
the whole, twenty-four hundred dollars, towards such additional contperi-
sation for the. current fiscal year.
Approved, March 8, 1865.

March &, 1868. Chap. XCIX — An Act to provide fir the Construction of certain Wagon-Roads in the

1 — z Territories of Idaho, Montana, Dakota, and Nebraska*

Be it enacted by the Senate and Mouse of Representatives of the United
J^bSfflSS" of America in Congress assembled, That the Secretary of the In-
m Idaho, Monta- tenor be, and he is hereby, authorized and empowered to .survey, locate,
5ft£fv ota * and Construct the following wagon-roads :

JVo^Kiobrara F ' mU A TO * d from N3obrara to the mouth of the Turtle Hill River,
to mouth of Tor- and thence, upon the most direct practicable route, to Virginia City, in

THIRTY-EIGHTH CONGRESS. Sess. TL -Go. 99, 100. 1805. 517

+

**

Montana Territory, with a branch from the month of Tattle Hill Eiver, Kfr*r f
or such other point as may be selected, to Omaha. vSr«lJa Cit£,

Second. A road from a point at or near the month ot tbe Big Sioux with branch to
River, via Yancton, Dakota Territory, to a point at or near the, month of °?^ a " Rl „/.
the Big Sheyenne River, thence np said river to its main forks, thence np ouxl^ervia
tbe north fork to a point of intersection with* the road from Niobrara. 7ahcton, &c

third. For a road from a point on the western boundary of Minnesota, From western
.to be determined by the Secretary of the Interior, to a point at or near nesoteST^? 1 * 1 ^
the month of the Big Sheyenne River. Sheyenne River.

Fourth* A road from Virginia City, in Montana, upon the most prac- From Virginia
ticable route, to Lewiston, in Idaho. Cfevto Le*nstan,

Seo. 2. And be it further enacted. That, to enable the Secretary of m °' . .
the Interior to carry out the provisions of the foregoing section, the and apportiorl^
sum of one hundred and. forty thousand dollars be, and the same is ment thereot
hereby, appropriated out of any money in tbe treasury not otherwise
appropriated, fifty thousand dollars of which shall be applied to the
construction of the road from Virginia City to Lewiston ; .fifty thousand
dollars shall be applied to the construction of the road from Niobrara and
branch to Omaha ; twenty thousand dollars shall be applied to the con-
struction of the road from the .mouth of the Big Sheyenne to its intersec-
tion with the Niobrara road ; ten thousand dollars shall be applied to the
construction of a bridge over the Big Sioux River, or so much of this
sum as may be necessary, and any balance remaining to be applied to
continuing and improving the road from Sioux City, Iowa, to the Big
Sheyenne; Dakota -Territory, and the remainder shall be applied to the
construction of the road from the western boundary of Minnesota to the
Big Sheyenne River : Provided, That any unexpended money now in the Proviso,
treasury, appropriated for the construction of a road from Sioux City to
Fort Randall, Dakota Territory, shall be, and is hereby, transferred fronj
the War Department to the department of the Interior.

Approved, March 3, 1865.

Chap. C. — An Act to authorize the Coinage of Three-Cent Pieces, and fir other Pur- March 8, 18SS.

pose*.

Be it enacted by the Senate and Home of Representatives of the United
States of America in, Confess assembled, That so soon as practicable after A three-cent
the passage of this act, there shall be coined at the mint of the United P*** to be coined.
States a three-cent piece, composed of copper and nickel in such propor* Composition,
tions, not exceeding twenty-five per centum of nickel, as shall be deter- Jevfcel'&cf 1 *'
mined by the director of the mint, the standard weight of which shall be
thirty grains, with no greater deviation than four grains to each piece, and
the shape, mottoes, and devices of said coin shall be determined by* the
director of the mint, with the approval of tbe Secretary of the Treasury,
And die laws now in force relating to the coinage of cents, and providing La WS applica-
tor the purchase of material and prescribing the appropriate duties of the We *
officers of the mint, and of the Secretary of the Treasury be, and the
same aite hereby, extended to the coinage herein provided for.

Sec. 2. And be it further enacted, That all laws now in force, relating to Laws relating
the coins of the United States, and the striking and coinage of the same, to coins and coin
shall so far as applicable be extended to the coinage herein authorized, ^n&c, t0
whether said laws are penal or otherwise, for the security of the coin,
regulating and guarding the process of striking and coining, for prevent-
ing debasement, or counterfeiting, or for any other purpose* And the Director of
director of the mint shall prescribe suitable regulations to insure a due £^^1^"*
conformity to the required weights and proportions of alloy in the said
coin, and shall order trials thereof to be made from time to time, by the
assayer of the mint, whereof a report shall be made in writing to the
director.

Sso» 3. And be it further enacted, That the said coin shall be a legal To be legal
,voi« xm. Pub. — 44

518 THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 100, 101. 1865.

fender for sixty tender in any payment to the amount- of sixty cents.. And it shall he
cents* lawful to pay out said coins in exchange for the lawful currency of the

coin^ay'be pSd United States, (except cents or half-cents or two-cent pieces issued under
out in exchange former acts of congress,) in suitable sums by the treasurer of the mint,
-for lawful cur- and by such other depositaries as the Secretary of the Treasury may
rency, except, designate, and under general regulations approved by the Secretary of the

Treasury. And under the like regulations the same may be exchanged
in suitable sums for any lawful currency of the United States ; and the
Expenses, how expenses incident to such exchange, distribution, and transmission, may
P**<L t> e ou t D f the profits of said coinage, and the net profits of said coin-

age, ascertained in like manner as is prescribed in the second section of
the act entitled "An act relating to foreign coins, and the coinage of cents
1867 ch. 66 at tne mmt °f * ne United States" approved February twenty-first, eigh-
§ 2. ' / teen hundred and fifty-seven, shall be transferred to the treasury of the
Vol. xi. p. 168. United States ; Provided, That from and after the passage of this act,
No fractional no issues of fractional notes of the United States shall be of a less de-
underfiv* cents* nomma ^ on tnan nve cents, and all such issues of a less denomination, at
un er ve con . outstanding, shall, when paid into the treasury or any designated

depositary vof the United States, or redeemed or exchanged as now pro-
vided by law, be retained and cancelled.
Knowingly Sec. 4. And be it further eriacted, That if any person or persons shall
rn«idi^ or^pass-^ knowingly make, issue, or pass, or cause to be made, issued, or past
kenfc^for'cota [passed], any coin, card, token, or device, whatsoever, in metal or its corn-
authorized by pound?, intended to pass or be passed as money, for the coin authorized
tMsact,howpun- ^ this act, or for com of equal value, such person or persons shall be
t>bed - deemed guilty of a misdemeanor, and shall on conviction thereof be pan.

ished by a fine not exceeding one thousand dollars, and by imprisonment
for a term not exceeding five years, at the discretion of the court
" In God we Sec. 5. And be it further enacted, That, in addition to the devices and

Saceil oflMBotof ^S^ 11 * 8 °P° n tne 8°^ suver > ana otner of the United States, it shall
hereafter issued, be lawful for the director of the mint, with the approval of the Secretary

of the Treasury, to cause the motto " In God we trust n to be placed upon
such coins hereafter to be issued as shall admit of such legend thereon.
" One-cent"^ Sec. 6. And be it further enacted, That the one and two cent coins of
coins tob^^sl t ^ ie United States shall not be a legal tender for any payment exceeding
tender only for four cents .in amount; and so much of the laws of the United States
four cents. heretofore enacted as are in conflict with the provisions of this act, are

hereby repealed.

Appboved, March 3, 1865.

*

March 3, 1865. Chap. CI. — An Act to regulate the Fees of Custom-House Officers on ike Northern,
' — * Northeastern, and Northwestern Frontiers of the Untied States* •

s Be it enacted by the Senate and House of Representatives of the United
lionseofficS*<^ States of America in Congress assembled, That, in lieu of the fees now
northern, north* authorized by law to be collected by customs officers on the northern,
^hwestem northeastern, and northwestern frontiers of the United States, there shall
frontiers! be levied and collected :

Admo&sure- For admeasurements of vessels, the fees prescribed by the act entitled
ment of vessels. "An act to regulate the admeasurement of tonnage v of ships and vessels

1864, ch. 83, f the United States," approved May six, eighteen hundred and sixty-*

Ante, p. 72. four.

Certificate of Certificate of registry, including bond, two dollars and twenty-five cents,
registry, &c*; Indorsement on register* one dollar,
of enrolment. Certificate of enrolment, including bond on vessel not exceeding fifty

tons, one dollar ; on vessel of above fifty and not exceeding one hundred

and fifty tons, one dollar and fifty cents ; on vessel of over one hundred

and fifty tons, two dollars,
license. License, including bond on vessel of not over one hundred and fifty tons,

one dollar ; on vessel of over one hundred and fifty tons, one dollar and

fifty cents*

THIRTY-EIGHTH CONGRESS. Sess. IL Cs. 101, 102. 2$85. 819-

Indorsement on 'licence of change of master, including master's tfath,
fifty cents*

Certifying manifest, and granting clearance for a licensed vessel to go Manifest arid
from district to district, oh vessel of fifty tons or under, twenty-five- cents; clearance,
on vessel of over fifty tons, fifty cents.

Receiving certified manifest and granting permit to unlade .on entry ot »
vessel from any other district, on vessel of fifty tons or under, twenty-five
cents ; oq vessel of over fifty tons, one dollar.

Entry of a vessel from a foreign port otherwise than by sea, if vessel Entry of vesw.
of fifty tons or under, fifty cents; if of over fifty tons, one dollar; and and clearance,
the same fees for clearance of like vessels to foreign port?.

Receiving manifest of goods brought into the United States from foreign Manifest and
countries adjoining said frontiers by land vehicles, and permit to unlade j&nuit to unlade,
the same, twenty-five cents.

Receivingmanifest of baggage of passengers arriving from foreign coon-
tries, adjoining said frontiers, including permit to unlade the same, twenty*
five cents.

Granting permit to a vessel not belonging [to] a citizen of the United Permit to go
States to go from district to district, two dollars, and [the]* same fee for from district to
receiving manifest and granting permit to unlade such vessel on arrival in ] a de? Ct "**
a district from another district

Entry of goods imported from any foreign «port or place for eonsump- Entrrofgoods.
tion, warehousing, re-warehousing, transportation or exportation, entry, in-
cluding official certificate or oath on entry or to invoice, fifty cents, and
for every post entry, forty cents.

Permit to land or deliver goods not above provided for,' twenty-five cents. Permit to land.

Official bonds not herein provided for, each one dollar. Official bonds.

Debenture on [or] other official certificate not herein provided for, Debenture,
twenty-five cents.

Bill of health, twenty-five* cents. Bill of health.

Crew-list, including bond, one dollar. Crew T list

Protection, fifty cents. . Protection.

Recording bill of sales, mortgages, hypothecations, or conveyances, fifty Recording bill •
cents each, and certified copies thereof, fifty cents each.* of aaie,mo$-

Reoording certificates for discharging and cancelling such conveyances, ^^afi^es of
fifty cents ; copies thereof, twenty-five cents. discharge.

Certificate setting forth the names of the owners of a vessel, with their Certificate stat*
respective interest, and also the material facts of any existing bill of sale, in S Qame »
mortgage, hypothecation, or other incumbrance, the date and amounl of owners ' c '
such incumbrance, and the parties thereto, one dollar : Provided, That no Bill of sale, &c,
bill of sale, mortgage, hypothecation, conveyance, or discharge of mort- JS\fniel» ^^* r * 5
gage or other incumbrance of any vessel, shall be recorded unless the knowledge*)
same is duly acknowledged before a notary public or other officer author-
ized to take acknowledgments of deeds.

Approved, March 3, 1865.

Chap. CH. — An Act granting Land to the State of Michigan, to aid in building a Harbor March 3, 186%
and Ship-Canal at Portage Lake,' Kewenaw Point, Lake Superior* • *

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That there be, and is hereby, The State of
granted to the State of Michigan the right of locating and constructing a Michigan may
breakwater and harbor and ship-canal through any public lands at &r upon j^f 1 ^'
the neck of land on Lake Superior known as " The Portage : " Provided, through "The
That not more than one thousand feet in width on the bank of Lake Sn- Mortage "
perior shall be occupied by said breakwater and harbor, and that a strip Umit t0
of land not more than four hundred feet in width on said neck of land
shall be occupied by said canal: And 'provided, further. That said ship*> Width and
canal shall be at least one hundred, feet in width, with a depth of water depth of canal.*
not less than thirteen feet.

*

520 THIRTY-EIGHTH CONGRESS. Sess. TL Ob. 102, 103. 1865

Grant to Mich- Sec. 2. And be it further enacted, That there be, and hereby is, granted
!a^°to P aftUn *° St&te of Michigan, for the purpose of aiding said state in con-

building ship- strutting and completing a harbor and ship-canal to connect the waters
canal. of Lake Superior with the waters of Portage Lake, two hundred thousand

How and where acres of public lands, to be selected in subdivisions agreeably to the United
selected. States survey, by an agent or agents appointed by the governor of said

state, subject to the approval of the Secretary of the Interior, from any
lands in die upper peninsula of said state, subject to private entry : Pro-
Proviso, vided, That said selections shall be made from alternate and odd-num-
bered sections of land nearest the location of said canal in said upper
peninsula, not otherwise appropriated, and not from lands designated by
the United States* as "mineral before the passage of this act, nor from
lands to which the rights of preemption or homestead have attached.
Lands granted Sec 3. And be it farther enacted, That the said lands hereby granted
to be subject to shall be subject to the disposal of the legislature of said state, or, if the
sblK 8 * 6 legislature thereof shall not be in session; or shall acljourn within ten

days after the passage and approval of this act, then said lands shall be
subject to the disposal of the governor and board of control of said state,
Canal to be for the purpose aforesaid and for no other ; and the said canal shall be
puMfc highway, ana * remain a public highway for the use of the government of the United
United states *° States, free from toll or charge upon the vessels of said government, or
vessels. upon vessels employed by said government in the transportation of any

property or troops of the United States.
Route of canal Seo« 4. And be jit further enacted, That before it shall be competent for

iwfoi^ffllslir^ fitate t0 ^^P 086 °^ anv °-* ^km* 8 * *° 06 selected as aforesaid, the
disposed of. pl an of sa *d breakwater and harbor, and the route of said canal shall be

established as aforesaid, and a plat or plats thereof shall be filed in the
office of the War Department, and a duplicate thereof in the office of the
commissioner of the general land-office.
Unless canal, Sec. 5. And he it further enacted, That if the said breakwater* har-
&c, completed bor, and ship-canal shall not be completed within two years from the pas*
ILd^to^ert. sa £ e of this act > the 1 . ands berel >y granted shall revert to the United States.

Account of* Sec 6. And be it further enacted, That the legislature of said state
sales of lands, shall cause to be kept an accurate account of the sales and net proceeds
and e^fngsllnd °^ tne land * hereby granted, and of all expenditures in the construction,
expenditures to repairs, and operating of said canal, and of the earnings thereof, and shall
be kept: return a statement of the same annually to the Secretary of the Interior ;

When state and whenever said state shall be fully reimbursed for all advances made
reimbursed, toils f or the construction, repairs, and operating of said canaL with legal inter-
ats^i^ex- e * tou aI1 advances, until the reimbursemelit of the same; or upon payment
penses of canal, by the United States of any balance of such advances over such receipts

from said lands and canal, with such interest, the said state shall be allowed
to tax for the use of said canal only such tolls as shall be sufficient to pay
all necessary expenses for the care, charge, and repair of the same*
Approved, March 3, 1805.

March 8, 1§65. Chav..CIII. — An Act to extend the l^me for the Completion of certain Railroads to which
Land Grants hem been made in the States .of Michigan and Wisconsin.

Be it enacted by the Senate and House of Representatives of the United
Additional States of America in Congress assembled, That there be, and hereby is,
Hkhi g ™t te aid ^ to &ate of Michigan, for the purpose of aiding in the con-
in construction struction of a railroad from Marquette, on Lake Superior, to the Wiscon-
of certain rail* sin state line, at or near the motfth of the Menomonee River, for the
rt)adg ' benefit and use of the Chicago and Northwestern Railway Company, a

corporation of the States of Michigan, Illinois, Wisconsin, and from Mar-
quette to Ontonagon, for the use and benefit of the Marquette and Onton-
agon Railroad Company, a corporation of the State of Michigan, and for
twenty miles westerly from Marquette of the Bay de Noquet and Mar-
quette Railroad, for the benefit and use of the Bay de Noquet and Mar*

THIRTY-EIGHTH CONGRESS. Sess. JL Ch. 103. 1865.

521

qttette Railroad Company, four additional alternate sections of land, per

mile, to that already granted by act of congress approved Jane third,

A. D. eighteen hundred and fifty-six, and joint resolution supplementary 1856* <sh. u.

thereto, to be selected upon the same conditions, restrictions, and limita- vo . xu p. 2L

tions as are contained in the act of congress entitled " An act making a

grant of lands to the State of Michigan, in alternate sections, to aid in the

construction of railroads in said state," approved June third, eighteen

hundred and fifty-six : Provided, That the land to be so located by either I&j*s h0TV se -

of said roads shall be selected from the alternate sections, designated by "** *

odd numbers, within twenty miles of the line of said road,

8eo« 2. And be it farther enacted. That the lands granted by said act .Lands bow
of congress and by this act shall be disposed of only in the following djsposed of '
manner, that is to say : When the governor of the State of Michigan
shall certify to the Secretary of the Interior that any ten consecutive
miles, upon the route of either of said roads, is completed in a good and
substantial manner, as a first-class railroad, then the Secretary of the In-
terior shall cause a certificate or certificates to issue to said state for one Certificate to
hundred sections of land, for the benefit and use of such company, and so i*» oe as building
from time to time for each completed section of ten miles of either of said 03 8068 011
roads, one hundred sections of land, until the whole shall be completed :
Provided, That none of the additional lands granted by this act for that Marquette and
portion of the Marquette and Ontonagon Railroad now completed shall Ontonagon rail-
be certified to the State of Michigan, by the terms hereof, until the said
railroad shall be completed from a point twenty miles west of Marquette
to Ontonagon; and that none of the additional lands granted by this act
for that portion of the railroad from Marquette to the Wisconsin state Koad from Mar-
line at or near the mouth of the Menomonee River, now completed, shall ^stateltoe?^
be so certified until the said railroad shall be completed from Bay de No- 81
quet to the said Wisconsin state line at or near the mouth of the Meno-
monee Elver aforesaid.

Sec. 3. And be it farther enacted, That the time limited for the com- Time for com-
pletion of the road from Marquette to the Wisconsin state line, at or near P| et,n # ^^° m
the mouth of the Menomonee River, be, and the same is hereby, extended Wisconsin state
for the term of five years, from and after the third day of June, A. D. line extended,
eighteen hundred and sixty-six.

Sec. 4 And be it farther enacted, That no lands to be set apart for the Lands for road
road from Marquette to Bay de Noquet, and from Marquette to Ontona- from Marquette
gon, shall be selected and certified east of that portion of the range line £^d to OntoSi? 6 *
dividing ranges twenty-six and twenty-seven, that is, south of the town- gon.
ship line between townships forty-seven and forty-eight, nor south of that Where to be
portion of the township line dividing townships forty-seven and forty^^ 6 *
eight, that lies east of the dividing range line above named ; and that no
lands to be set apart for the road from Marquette, on Lake Superior, to Lands for road
the Wisconsin state line, at or near the mouth of the Menomonee River, ton* Marquette
shall be selected and certified west of that * portion of -the range line di- state S* 111
viding ranges twenty-six and twenty-seven, that is, north of the township
line dividing townships forty-two and forty-three, nor north of the town-
ship line dividing townships forty-seven and forty-eight ; and that, for the
purpose of making up any deficiency of lands to which the line of road Deficiency of
from Marquette to Bay de Noquet may be entitled to make its grant equal ^^^^J"*
to ten sections to the mile, the same shall be certified on the route from to BaydcrNo-
Marquette to Ontonagon, within twenty miles of the line of said road, and quet
eastspf the range line dividing ranges thirty-one and thirty-two, and in
accordance with the provisions hereinbefore contained* And that, when- Certificates ot
ever the governor of the State of Michigan shall certify to the Secretary k*^^™**
of the Interior that twenty consecutive miles of the line of road from to Sayd^No-*
Marquette to Bay de Noquet has been completed in a good and substan- qoet to be fc-
tial manner, as a first-class railroad, the Secretary of the Interior shall fo^* 810 " 1
cause to be issued to said State of Michigan, for the use and benefit of the

44*

522 THIRTY-EIGHTH CONGRESS. J Sess* H 1 Ch* 103, 104 1865

Bay de Noquet and Marquette Railroad Company, assignee of the State
of Michigan, a certificate or certificates for two hundred sections of land,
Selection and to be selected and located from the sections designated by odd numbers,
location* on the line from Marquette to Ontonagon, and within twenty miles of said

line.

Time for com- Sec. 5. And be it further enacted, That the time for the completion of
l^luLaVto* railroa<i fr° m Fond du, Lac, on Lake Winnebago, to the Wisconsin
Wisconsin state state line, at or near the mouth of the Menomonee River, shall be, and
line extended, hereby is, extended for the period of five years from and after the third

day of June, one thousand eight hundred and sixty-six; and that any
and all grants of land to said road shall continue mid remain in fall
force and effect

Each road to Sec. 6. And be (t farther enacted, That each of said companies shall
grade twenty grade, in a good and substantial manner, ready for the ties, twenty miles
y^aS,Sidtwenty °f ro& ^ within two years, and twenty miles additional thereof in each
miles each year year thereafter : Provided, That if said companies, or either of them, shall
thereafter. neglect or fail to do so, or to complete its road within the time herein

Lands to revert, specified, the land granted to such company shall revert to the United
if, &c States*

Approved, March 3, 1865.

March 3, 1885. Chap. CIV. — An Act to establish certain Post-Roads.

Be it enacted by the Senate and House of Representatives of the United

Certain post- States of America in Congress assembled, That the following be established
roads established. m . _

California. CALIFORNIA,

*

From San Jos6 to Alviso.
From Santa Clara to Alviso*

From Virginia City in Nevada, via Crystal Peak, Bonner Lake, Sum-
mit Valley, and Dutch Flat, to Sacramento*

From Folsom ta Coloma, Nevada*

From Hfonterey, via Watsonville, to San Francisco.

From Murpheys, via Bigtrees, Big Springs, Silver Valley, to Silver
Mountain, and thence, via Mount Bullion, Markleville, Carey's Mills, and
Fredericksborgh, to Geneva*

From Austin, Lander County, to lone City*

From* Wellington Station, on West Walker River, by Walker's Lake,
Deep Well Station, Kentucky District, Hot Spring, Mammoth District,
lone City, the county seat of Nye County, St. Augustine and Washing*
ton districts, Canon City, and Middletown, to the city of Austin, the
county seat of Lauder tiounty.

Nevada, Idaho,. NEVADA AND TERRITORIES IDAHO AND MONTANA.

From Unionville, the county seat of Humboldt County, via Star City,
Dun Glen, Moore's and White's Ranch, Pah TTte Knob, in the State of
Nevada, the Owyhee and Jardans Creek mines, Boise City, Idaho City,
Centre ville, and Placerville, in the Territory of Idaho, to Virginia (Sty,
in the Territory of Montana.

ILLINOIS.

From Savanna, in Carroll County, via Baker's Spring, to Morrison, in
Whiteside County*

From Cartilage, in Hancock County, via Jacob K. Jacob's store, Dur--'
hams, and McQueenfs Mill, to Burlington, Iowa.

From Newport, Vermillion County, Indiana, to Ridge Farm, VermSHon
County, Illinois*

- From Cerro Gordo, Piatt County, on the Great Western Railroad, to
Lovingston, Moultrie County.

THIRTY-EIGHTH CONGRESS* Sess. IL Gh. 104 1865.

528

From Richmond, via Elgin, Gintonville Junction, and Cottage Grove,
to Chicago.

From Marion, Williamson- County, via Harrisbur& Saline County, to
Shawneetown.

From Waterloo, Monroe County, to Red Bud, in Randolph County.
From Platteville, via Kendall and Specie Grove, to Yorkville.

. INDIANA. Indiana.

From Wabash, in Wabash County, via Emmon's Church and Roanna,
to Nicouzah, in Miami County.

From Farmland, Randolph County, to Hagerstown, in Wayne County.

IOWA. * Iowa.

From diaries City, via Howardsvilie, Hunts ville$ Busti, Howard, and
Vernon Springs, to New Oregon*

From State Centre, Marshall County, via Minerva, Illinois Grove, New
Providence, Quebec, Point Pleasant, and Cottage, to Iowa Falls.

From Muscatine, Iowa, via Buffalo Prairie, Miilersburg, and Aledo, to
Monmouth, in Illinois.

From Decatur City, Iowa, via Terre Haute, to Eagleville, Missouri.

From Decatur City, via Hopeville, to Alton.

From Hampton to Marble Rock.

From Winthrop to Fayette.

From Chariton, Lucas County, via Garden Grove, to Leon, Decatur
County.

From New Oregon, Iowa, to Preston, Minnesota.

From Fort Dodge, via Eagle Grove, Grant, Belmond, and Upper
Grove, to Clear Lake.

From Alden, via Oakland, Wall Lake, Grant, and Eagle Grove, to
Dakota, in Humboldt County.

From Algona, Iowa, via Armstrong's Grove, to Charm Lakes, thence
to intersect the route from Blue Earth City to Isterville.

From Bedford, Taylor County, via Buchanan, Bradyville, College
Spring, Walaen's Grove, to Hamburgh Fremont County.

CONNECTICUT.
From Cornwall Bridge, via Cornwall and Milton, to Litchfield.

KENTUCKY.

From Mount Vernon to Somerset*

From Irvine, Estell County, to Vienna, Clarke County.

From McKee, in Jackson County, to Big Hill, in ^ladfeon County.

From Whiteley Court-house to John Davis, in Whiteley County.

MAINE. Maine.

From Sherman, via Sherman's Mills; to Golden Ridge, in Aroostook
County.

From Fort Fairfield, via Eaton Grant, to Caribou, in Aroostook County.
From Waldoboro to Friendship.

From Belfest, through Waldo, Brooks, Knox, Thorndike, Unity, and
Benton, to Fairfield.

MICHIGAN. Michigaa.

From Grand Ledge, Eaton County, via Eagle, to Portland, in Ivonia
County.

From Dowagiac, Cass County, to Volinia, in same county.
From Climax Prairie to Galesburgh, — on the Michigan Central Rail-
road, — in Kalamazoo County.
From Flint, via Davison, to Lapeer.

Connecticut.

Kentucky*

THIRTY-EIGHTH CONGRESS. Sbss. TL Ch. 104. 1865.
From Hillsdale, via Frontier, to Ambdy.

From Otisco, Ionia County, via Ashley and White Swan, to Courtlandt
Centre, in same county.

From Manistee, Mason County, to Stromach, in same county.

MINNESOTA. .

From Elk River, Sherburne County, to Princeton, in Mille Sac [Lac]
County.

From Minneapolis, via Crystal Lake, Osseo, Maple Grove, and Wassan,
to Monticello.

From Winnebago Agency/ Blue .Earth County, to Minnesota Lake,'
Faribault County.
From Elk Rivejr, Sherburne County, to Princeton, Mille Eae County.
From Mantonville to Madison.
From Mankato to New Ulm.
From New Ulm to Redwood Falls.

NEW YORK.

From Keene, in Essex County, to Keene Flats.
From Cannonsville to Rocky Rh% in Delaware County.
From Cannonsville to Unadilla, in Otsego County.
From Danby to West Dan.by, in Tompkins County.
From West Hurley to Woodstock, in Ulster County.
From Saugerties, in Ulster County, to Hunter Village, in Greene
County.

From Malone, Franklin County, to Trout River, in same county.

From Walton to Downs ville, in Delaware County.

From Rushville, via Reed's Corners, to Canandaigua.

From ManorvOle, via Eastford and Speonk, to West Hampton.

From Haneosse, via Hemlock Lake, Livonia, to Livonia Station.

From Morley, Saint Lawrence County, to Madrid, in the same county.

OHIO.

From East Liverpool, Columbia County, via Calcutta, Spruce Yale,
Clarkson, Carmel, and Fairfield, to Wateiford.

From Youngston, Mahoning County, Ohio, to Sharon, Mercer County,
Pennsylvania.

From Logan, Hocking County, to South BloonungviUe, in same county.

From Ottawa, Putnam County, in a westerly direction along or near
the northern bank of Blanchard River, and northeastern bank of the
Auglaize River to Gharlove, Paulding County.

From Farmer, Defiance County, westward to Milo, in same county,
and from Milo northward to Edgerton, in Williams County.

From Delta, Fulton County, to Liberty Centre, Henry County.

From Hamilton, via Mill ville, Bunker Hill, and Reily, Ohio, to Spring-
field, Indiana.

PENNSYLVANIA.

From Lebanon, via Mount Zion and Greble, to Mount ~33toa*
From Brady's Bend to HUlville.

From Smethport, McKean County, to Wilcox, Elk County.

From Hemdon,in Lower Mahoning township, Northumberland County,
via Jordan township, to KUngerstown, in Schuylkill County.

From Linden to Linden Station, on the Philadelphia and* Erie Rail-
road.

From Emlenton, Venango County, to Shippensville, Clarion County.
From Rockland, Venango County, via Cranberry, to Laytonia, in said
county.

From Callensburg, Clarion County, to Cranberry, Venango County.
From Greenville, Clarion County, to Kerr's store, in said county.

THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 104. 1865. 525

VERMONT. Vermont

From East Berkshire, via Montgomery and Belvidere, to Eden. *
From Windsor, Vermont, via Plainfield, to Meriden, New Hampshire.
From Pittsfield, via South Chittenden and East Fittsford, to Rutland.

ARIZONA. Arizona.

From Agua Caliente to La Paz.

From Tucson, via Tubac, to Patagonia Mines.

From Tubac, via Cerro Colorado, Fresnal, and Cabibi, to Tucson.

From Casa Blanca, via Weaver, Walnut Grove, and Upper Hassa y
Ampa, to Presoott

From La Paz, via Williamsport, Castle Dome City, Laguna, Arizona
City, to Fort Yuma.*

From Presoott to Mojave City.

From Mojave City to Los Angelos, via San Bernardino.
From Mojave (Sty, via Aubry, to La Paz.

From Mojave City, via Santa Clara, to Fillmore City, in the Territory
of Utah.

DAKOTA. Dakota.

From Bon Homme, via Spring Lakes, to Ponca Agency, in Todd
County*

From Pembina to Saint Joseph.

IDAHO. Idaho.

From Placerville, via Washington, to Florence.

From Elk City to Virginia City, in the Territory of Montana.

From Boise City to Bannock City, in Hie Territory of Montana.

MARYLAND. ' Maryland.

From Butler Post-Office to Mantua Mills, in Baltimore County.

NEW MEXICO. tfew Mexico.

From Fort Union, via Antonchico, Agua Negra, Fort Sumner, Fort
Stanton, and Tularoza, to Mesilhu

From Albuquerque, via Chilili, Tajique, Manzano, Punta de la Agua,
Fort Stanton, Tularoza, to Franklin, Texas.

From Santa Fey via Santa Cruz, Los Luceros, Abiquin, to Sierra
Amarilla.

From Paraje, via Alamosa el Bointo and Santa Barbara to Dona &asu
From Santa F£, via Pena Blanca, Santo Domingo, Cuvora. Algodones,
San Isdora, to Canon de Jemez.

NEW HAMPSHIRE. NewHamp-

From Rochester, Strafford County, via Strafford Corner, &ue Hills,
and Clark's Corner, to Centre Barnstead, in Belknap County*

WISCONSIN. Wisconsin*

From City of Appleton, Outagami County, to the town of Osborn, via
Freedom, in said county.

OREGON. Oregon.

From Auburn, via Pocahontas, Riggsville, and Deary's Station, to Uma-
tilla, with a branch to Granite Creek Mines and Independence City, from
Deary's Station.

KANSAS.
From Topeka, Shawnee County, to Ottawa.

From Twin Mound, in Douglas County, to Auburn, in Shawnee
County,

526

THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 105. 1865.

From Junction City, up Lynn Creek, to Marion Centre, in Marion
County,

From Eureka, in Greenwood County, to Albany, in Wilson County.
From Neosha. Falls to Albany, Wilson County.
From Washington, via Hadden, to Salt Marsh, in Republic County.
From Garnett, in Anderson County, to Fort Scott, in Bourbon County.
From America, in Jackson County, via Seneca, to Pawnee, in Ne-
braska.

From Humboldt, in Allen County, to Catholic Mission, in Neosha.
County.

From Humboldt, via Grey Stone, to Albany, in Wilson County.
From Seneca, Nehema County, via Pleasant Valley, Nebraska, to
Miles Ranch, in Richardson County.
Approved, March 8, 1865.

March 3, 1885. Chap. CV. — An Act extending the Time for the Completion of certain Land-grant Sail
' roads in the States of Minnesota and Iowa, and for other Purposes,

Be faenacted by the Senate and House of Representatives of the United
Additional land States of America in Congress assembled. That the quantity of lands
nStofcr ku%" granted to the State of Minnesota, to aid in the construction of certain
roads. ~ railroads in said state, as indicated in the first section of an [act] 'entitled

"An act making a grant of land to the Territory of Minnesota, in alter-
nate sections, to aid in the construction of certain railroads in said terri-
* tory, and granting public* lands, in alternate sections, to the State of
Alabama, to aid in the construction of a certain railroad in said state,"
1857, ch. 99. approved March third, eighteen hundred and fifty-seven, shall be increased
VoL xL p. 195. to ten sections per mile for each of said railroads and branches, subject to
any and all limitations contained in said act and subsequent acts, and as
hereinafter provided.

Lands granted Sec 2* And be it farther enacted, That the first proviso in the first
to be taken with* section of the act aforesaid shall be so amended as to read as follows, to
of theroad? wit : .Provided, That the land to be so located shall in no case be further

than twenty miles from the lines of said roads and branches, to aid in the
construction of each of which said grant is made ; and said lands granted
shall, in all cases, be indicated by the Secretary of the Interior.
Lands before Sec 3. And be it further enacted, That any and all lands heretofore
wserv | edex- reserved to the United States by any act of congress, or in any other
aclfexcept^ &e? manner by competent authority, for the purpose of aiding in any object of

internal improvement or other purpose whatever, be, and the same are
hereby, reserved and excepted from the operations of this act, except so
far as may be found necessary to locate the route of said road through
such reserved lands, in which case the right of way shall be granted,
subject to the approval of the President of the United States : Provided*
Lands granted further, That any lands which may have been granted to the Territory or
raifroad^in^ State of Minnesota for the purpose of aiding in the construction of any
eluded in this railroad, which lands may be located within the limits of this extension of
grant to be de- said grant or grants, shall be deducted from the full quantity of lands
ducted. hereby granted, and that any lands which may have been so granted shall

be strictly applied in accordance with the terms and conditions of said
act or acts, unless subsequently modified by law.
Remaining SeO« 4. And be it further enacted, That the sections and parts of sec-
Ja fd f n< itfwtt t * on8 °^ k* 1 ^ which by said acts and this grant shall remain to the United
doublethTmini- States, within ten miles on each side of said roads and 'branches, shall not
mum price. be sold for less than double the minimum price of public lands when sold,
T h fi t f nor said lands become subject to sale at private entry until

tered at public* tiie same s hall have beeji first offered at public sale to the highest bidder
sale. at or above the minimum price as aforesaid : Provided, That actual bona

Bona fide set- fide settlers under the preemption laws of the United States may, after
tterajmay pop- ^ e p roo f f settlement, improvement, and occupation, as now provided by

THIRTY-EIGHTH CONGRESS. Sbss. IL Ch, 105. 1866. 5.27

law, purchase the same at the increased minimum price : And, prodded,

ako> That settlers tinder the provisions of the homestead lav, who comply Settlers under

with the terms and requirements of 'said act, shall he entitjed to patents homestead act

for an amount not exceeding eighty acres each, anything in this act to the

contrary notwithstanding.

$bc* & And be it further enacted, That the lands hereby granted shall Lands granted
be subject to the disposal of the legislature of the State of Minnesota, for tg^SSii
the purposes aforesaid, and no other* And tfce said railroads and branches of Minnesota,
shall be and remain public highways for the use of the government of the Bailroads to he
United States, free of ail toll or other charges apon the transportation of P 1 * 1 * highways,
any property or troops of the United States.

Sec. 6. And be U further enacted, That the lands hereby and hereto- Mode of die-
fore granted to said Territory or State of Minnesota- shall be disposed of gj"* of tte -
by said state for the purposes aforesaid only, and in manner following,
namely : When the governor of said state shall certify to the Secretary
of the Interior that any section of ten consecutive miles of said road is
completed in a good, substantial, and workmanlike manner, as a first-class
railroad, and the said secretary shall be satisfied that said state has com-
plied in good faith with, this requirement, the said Secretory of the Inte-
rior shall issue to the sard state patents for all the lands granted and Patents to Issue
selected at , aforesaid, no* excelling ten sections ? er mile, situated opposite
to and within a limit of twenty miles of the line of said sec&ion of road toad are built,
thus completed^ extending along the whole length of said completed sec-
tion of ten- miles of road, and no. further. And when the governor of
said state shall certify to the Secretary of the. Interior, and the secretary
shall be satisfied that another' section of said road, ten consecutive miles
in extent, connecting with the preceding section or with some other first-
class railroad, which may be at the time in successful operation, is com-
pleted as aforesaid, the said Secretary of the Interior shall issue to the
said state patents for all the lands granted and situated opposite to and
within the limit of twenty miles of the line of said completed section of
road or roads, and extending the length of said section, and no further,
not exceeding ten sections of land per mile for all that part of * said road
thus completed' under the provisions of this a~ct and* the act to which this
is as amendment, and so, from time to time, until said roads and branches
are completed* And when the governor of said state' shall so certify, and
the Secretary of 'the Interior shall be satisfied that the whole of any one
of said roads and branches is completed in a good, substantial, and work-
manlike manner, as a first-class railroad, the said Secretary of the Interior
shall issue to. the said state patents to all the remaining lands granted for
and on account of said completed road and branches in this act, situated
within the said limits of twenty miles from the line thereof, throughout
the entire length of said road and branches : Provided, That no land Lands not to
shall* be granted or conveyed to said state under the provisions of this act he conveyed for
on account of the construction of any railroad or part thereof that has oertain road8 *
been constructed under the provisions of any other act at the date of the
passage of this act, and adopted as a part of the line of railroad provided
for' in this act : And provided, That nothing herein contained shall inter- Existing rights
fere with any existing rights acquired under any law of congress hereto- not Interfere?
fore enacted making grah'ts of land to the State of Minnesota to aid in witt *
the construction of railroads : And provided, further, That said lands, Lands not to
granted by this or prior acts,*shall not In any manner be disposed of, ex- °e disposed of
cept as the same are patented under the provisions of this act ; and should eTonder tKct/ •
the state fail to complete any one of said roads or branches within eight when to revert
years after the passage of this act, then the said lands undisposed of as to the United
aforesaid, granted on account of said road or branches, shall revert to the Stfttea *
United States.

Sec. 7* And be it further enacted}. That as soon as the governor of the %and& to be
said State of Minnesota shall file or cause to be filed with the Secretary withdrawn from

528 THIRTY-EIGHTH CONGRESS. Sess. H. Ch. 105, 106. 1865

market as soon of the Interior maps designating die routes of said road and branches,

S^M^^ed^ then lt sbaU he the dut 7 <* Secretary of the Interior to withdraw
' from market the lands embraced within the provisions of this act

Mails to be Sec. 8. And be it further enacted. That the United States mail shall
transported- fc e transported on said road, under the direction of the Post-Office Depart-
ment, at such price as congress may by law provide : Provided, That until
such price is fixed by law, the Postmaster-General shall have power to
fix the rate of compensation.
This act to ap- Sbo. 9. And be it farther enacted, That .the provisions of this act shall
ply to portioa of also be construed so as to apply and extend to that portion of the line
Hue vacated, &c m xhorize& to be vacated by the joint resolution approved July twelfth,
Vol. xii. p. 624, eighteen hundred and sixty-two, entitled "A joint resolution authorizing
the State of Minnesota to change the line of certain branch railroads in
said state, and for other 'purposes," notwithstanding the vacation thereof
by said state, as though said joint resolution had not passed, and also to
the line adopted by said state, in lieu of the portion of the line so vacated.
Time for com- Sec. 10. And he it further enacted, That the time mentioned in an act
pletjn$ certain entitled " An act making a grant of lands to the State of Iowa, in* alter-
tended! 1 owae3C " hate sections, to aid in the construction of certain railroads in said state,"
1856, ch. 28, § 4. f° r tue completion of the railroads named in said act, be, and the same is
Vol xi, p. 10. hereby, extended two years.

Maps of change Sec. 11* And be it further ejiacted, That the last clause of the second
BurfT^taa and sect * 0Ii °^ an act u An act to regulate the compensation of regis-

Missouri River ters and receivers of the land-offices in the several states and territories,
Railroad to be in the location of lands by states' and corporations under general grants
^ t j^ thl ' ee from congress, and for other purposes," be, and the same is hereby, so

1864, ch. 196, amended as to read :* "A map of the change shall be filed with the com*
§2. ' missioner of the general land-office within three months after the said

An(e i V* m - change of location shall be made."

Approved, 'March B,

March S, 1865. Chap. CVL — An Act to regulate tke Taking of Depositions in certain Cases*

Be it enacted by the Senate and Home of Representative* of the United
Defendants in States of America in Congress assembled. That any defendant in a crimi-
SS'SiSS 1 * nal case> m the District of Columbia, either after preliminary examina-
Columbia" may tion, indictment, or information, may examine witnesses on commission
have commis- m suca manner as is hereinafter prescribed. t

Smony. Sec. 2. And be it further enacted, That a defendant wishing to take

Who 'to be the deposition of a witness residing more that one hundred miles from

commissioner, the city of Washington may select any of the^ following officers as a com-
missioner] to take such deposition: the clerk or judge of any court of
record, or any notary public, or any consul of the United States, either
by the name of office of such officer, or by his individual name and official
Commission to style ; and the name of the court of which such constituted commissioner

state what. ] s jfafc or judge, and the name of the state and county, or if without the

United States the name of the state and town, or city, in which such
notary or consul resides must tje stated in the notice and in the com-
mission.

Notice to dis- Sec 3. And be it further enacted, That five days' notice must be given
trlct attorney. a defendant, or his or her attorney, of the time when a commission

will be sued out of the office of the clerk of the criminal court for the
District of Columbia for taking the deposition of the witness, (giving the
name of the witness,) which notice* must be accompanied with a copy of
the interrogatories to be asked such witness.
Cross-interrog- Sec. 4. And be it further enacted, That at or before the time fixed in
atoriesbydis- the notice, the district attorney may file cross-interrogatories; but if he

$ faiI 80 t0 do > the clerk sbaU me the fouwkg 5 — •

1. Are all of your statements in the foregoing answers made from your

personal, knowledge ; and rf >not, da your answers show what are made

THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 106, 107. 1865. 529

from your personal knowledge, and what from information, and the source
of that information? Knot, now show what is from information, and
give its soarce.

* 2. State everything yon know concerning this case favorable to either
the government or the defendant

S&G. 5. And be it further enacted, That the notice and copy of inter- Service of no-
rogatories may be served and returned in the same manner and by the ^^Ljjf ° f
same officers or persons as is provided by law for the service and return rrpga
of a summons or subpoena in civil actions within the District or Columbia.

Sec. 6. And he it farther enacted) That the commission shall issue in Commission,
the name of the criminal court, and under its seal, and must -be signed bow to island
by the clerk, and need contain nothing but the authority conferred upon w tt0 00
the commissioner and instructions to guide him, a statement of the cause
in which the testimony is to be used, and a copy of all the interrogatories
filed appended*

Sec. 7. And be it further enacted. That the person before whom any Duties of the
of the depositions above contemplated are taken must cause the inter- commissioner*
rogatories appended to the commission to be written out, and the answers
thereto to be inserted immediately underneath the respective questions ;
the whole, when completed, being read over by or to the witness, must
be by him or her subscribed and sworn to in the usual manner.

Sec. 8. And be it further enacted, That all exhibits produced before Exhibits to be
the person taking the deposition, or proved or referred to by any witness, sppeaded.
or correct copies thereof, must be appended to the depositions, and re-
turned with them, unless sufficient reasons be shown for not so doing.

Sec. 9. And he it further enacted, That the person taking the deposi- Commissioner
tion shall attach his certificate thereto, stating that it was subscribed and m
sworn to by the deponent at the time and place therein mentioned ; the Qwttento ^
whole, including the commission and interrogatories, must then be sealed certificate,
up and returned to the clerk of the criminal court of the District of Return.
Columbia, by mail, unless the defendant and the district attorney agree
upon some other mode ; and* when received by sajul clerk, he shall open
the package and place the deposition on file in his office.

Sec. 10. And be it further enacted. That unimportant deviations from Substantial
any of the above directions shall not cause the deposition to be excluded eompliaiice with
where no substantial prejudice could be wrought to the government by sufficient! °
such deviation.

Sec* 11* And be it further enacted, That, subject to the regulations Court may
hereinbefore contained, the court may establish further rules for taking JJJJf -1 ****
depositions and all other acts connected therewith.

Approved, March 3, 1865.

Crap. CVTL —An Act supplemental to the Act approved first Jiffy, eighteen hunched March 3, 1869.
and sixty-fiur t "for the Disposal of Coal Lands and of Town Property in the Public — . -- , ■*

7Vr»mn " 1804, CO. 20v«

Ante, p. S43.

Be it enacted by the Senate and Bouse of Representatives of the United
States of America, in Congress assembled, That in the case of any citizen Citizens aet-
of the United States who, at the passage of this act, may be in the business P* 1 ^ 1°**$"*
of bona fide actual coal-mining on the public lands, except on lands re. n pabllstenli
served by the President of the United States for public uses, for purposes may enter ieo
of commerce, such citizen, upon making proof satisfactory to the register
and receiver to that effect, shall have the right to enter, according to legal
subdivisions, a quantity of land not exceeding one hundred and sixty acres,
to embrace his improvements and mining, premises, at the minimum price
of twenty dollars per acre, fixed in the coal and town property act of first
July, eighteen hundred and sixty-four : Provided, That where the mining Description of
improvements and premises are on land surveyed at the passage of thw premises, when
act, a sworn declaratory statement descriptive of the tract and premises, *°
showing also the extent and character of the improvements, shall be filed
vol. ami. Pub. — 45

580 THIRTF-EIGHTH CONGRESS. Sass. IL Ca. 107, 108, 109. 1665.

1 Proof and pay- within six months from the date of this act ; and proof and pajment shall
ment be made within one year from the date of such filing ; but where such

mining premises may be oh lands hereafter to be surveyed, such declara-
tory statement shall be filed within three months from the return to the
district land-office of the official township plat ; and proof and payment
Khali be made within one year from the date of such filing.
Town or city . Seo. 2. And be it /farther enacted) That in the case of any city or town

elands?* Pttb * wn ^ cn > at 406 P* 388 ?* of this act, may be existing on the public lands, in

which the lots therein may be variant as to size from the limitation fixed
in the said act of first July, eighteen hundred and sixty-four, and in which
the lots and buildings as municipal improvements shall cover an area
greater than six hundred and forty acres, such variance as to size of lots or
excess in area shall prove no bar to such city or town claim, under said
act of first July, eighteen hundred and sixty-four, effect to be given to this
act according to such regulations as may be prescribed by the Secretary
Minimum price of the Interior : Provided) That the minimum price of each said lots in any

of lots. gucn town or c ity, which may contain a greater number of square feet than

the maximum named in the act to which this is an amendment, shall be
increased to such reasonable amount as the Secretary of the/Interior may
Mineral veins, by rule establish : Provided, jwiker, That where mineral veins are pos-
sessed, which possession is recognized by local authority, and to the extent
so possessed and recognized, the title to town lots to be acquired shall be
subject to such recognized possession and the necessary use thereof : Pro*
.No title recog- wded> however. That nothing contained herein shall be so construed as to

wrsfor'imSr ^cognize any color of title in possessors for mining purposes as against

purpose* the government of the United States.

Approved, March 3, 1865-

March 3, 1865. Crap* CVIIL — An Act to amend an Act entitled "An Act to amend an Act entitled 'An
1864 ch. 110. nuxk&H! a Grant of alternate Sections of Public Lands to the State of Michigan t to

Ante, p. 119. * rid in the Construction of certain Railroads in said Slate, and for other Purposes' "

Be it enacted by the Senate and House of Representatives of the United
Time for com- States of America in Congress assembled) That section one of an act
wfS^lnJ^M- entitled " An act to amend an act entitled 4 An act making a grant of
gan extended, alternate sections of public lands to the State of Michigan, to aid in the

construction of certain railroads in said state, and for other purposes/ *
which said amendatory act was approved June seventh, eighteen hundred
and sixty-four, be, and the same is hereby, amended so as to make the last
proviso in said section to read as follows, to wit : Provided) further) That
the time specified in the fourth section of the act hereby amended, for the
completion of said road, shall be, and the same is hereby, extended eight
years*

Approved, March 8, 1865.

March 3, 1865. Chap. CDC — An Act to authorize the* Issuing of Patents fir certain Lands in the Town
' of Rockbridge, State of Wisconsin, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the United
Pateote may States of America in Congress assembled) That, upon satisfactory "proof
n3» 1* Stock™ Wing made that any occupant[s] of unpatented land in the town of Stock-
te?dge,Vi8con- bridge, Calumet County, in the State of Wisconsin, which has, by treaty
sin. or otherwise, been allotted to any individual members of the Stockbridge

or Munsee tribe of Indians, are the purchasers, grantees, or assignees of
such members of said tribes, the President of the United States be author-
ized to issue patents for the land so occupied to such purchasers, grantees,
Conflicting or assignees, respectively : Provided) That in ease of conflicting claims to
claims. any of the lots of land the commissioner of the general land-office is

authorized to hear the proofs of the respective claimants, apd to decide
which of such claimants are justly entitled to said land, and patents shall
be issued in accordance with such decision.

THIRTY-EIGHTH CONGRESS, Sbss.IL Ch. 109,110. 1865.

Sec. 2. And be it further enacted, That patents Issued according to this Patents to vest
act shall vest in the patentee title to the land described in such patent, in JJj^^** t0
fee simple, subject to any valid lien or incumbrance thereon created by
said patentee or those under whom he claims.

Seo. 3. And be it farther enacted. That the lots of land in said town Lands in
of Stockbndge belonging to the United States, not hereinbefore directed Stockbridpnot
to be patented, shall be attached to and form a part of the Menasha land j^Jt of^ the°MeiT
district, and if, in the opinion of the commissioner of the general land- asha land dis
office, it shall be for the public interest, the same may be sold at the rain-- 1 ™ 1 *
imam price of three dollars per acre for lots fronting on Lake Winnebago, a ^ soId *
five dollars per acre for the two tiers of lots fronting on the military road,
ono tier of lots on each side thereof, and two dollars and fifty cents per
acre for the residue of said land to actual settlers thereon possessing the
qualifications requisite to acquire preemption rights, who shall prove to
the satisfaction of the register of the land-office at Menasha, Wisconsin,
that he or she has made improvements to the value of not less than fifty Time of pay-
dollars, and is actually residing upon the land; the time of paying the [° e ^.^i eD<3e ^
purchase price may be extended for a period not exceeding one year from chasers. ****
the passage of this act : Provided, That no such actual settler shall be Not more than
permitted to preempt more than two contiguous lots on which he or she tw> contiguous
has made improvements of the value of not less than one hundred dollars. 2SpS£
The lands not sold within one year as hereinbefore provided, shall be L &u d» when to
brought into market and sold at not less than the minimum prices fixed fee brought into
by this act market -

Approved. March 8, 1865.

Chap. CX. — An Act to quiet Titles in Favor of Parties in actual Possession of Lands March S, 1868>

situated in the District of Columbia, -

Be it enacted by the Senate and Home of Representatives of the United
States of America in Congress assembled, That all deeds heretofore re- Quieting of
corded in the land records of the District of Columbia, which have been jJP^Jkj '^f 16
executed and acknowledged by ferames covert (their husbands having ju^bil °
signed and sealed the same) for conveying any real estate, or interest
thereu^ situated in said district ; and all acknowledgements of deeds hereto- Defective ac-
fore recorded, as aforesaid, which have been made by ferames covert knowledgmeuts
(whether they have executed the deed or not) for the purpose of reieas* cuwd *
ing their claims to dower in the lands described therein, situated as afore-
said, in which acknowledgements the form prescribed by law has not been
followed; and all deeds heretofore recorded, as aforesaid, which have
been executed and acknowledged by an attorney-in-fact, duly appointed
for conveying real estate situated in said district; and ail deeds heretofore
recorded, as aforesaid, executed and acknowledged, or only acknowledged
by such attorney-in-fact, for conveying real estate situated in said district,
as to which the acknowledgement was made before officers different from
those before whom proof of the power of attorney was made, and as to
which the power of attorney was proved before only one justice of the
peace ; and all deeds heretofore executed and recorded as aforesaid for the
purpose of conveying land situated in said district, acknowledged out of
the District of Columbia, before a judge, of a United States court, or be-
fore two aldermen of a city, or the chief magistrate of a city, or before a
notary public ; and all deeds heretofore executed and recorded as afore-
said for the purpose of conveying land situated in said district, acknowl-
edged by an attorney-in-fact, duly appointed, or by an officer of a corpo-
ration, duly authorized, who has acknowledged the same to be his act and
deed, instead of the act and deed of the grantor or of the corporation ; and
all deeds heretofore executed and recorded as aforesaid for the purpose
of conveying land situated in said district to which there is not annexed
a legal certificate as to the official character of the officer or officers taking
the acknowledgment, shall be, and the same are hereby, declared to be of

TBIRTY^EIGHTH CONGRESS, Sfiss. IL Ch. 110, 111. 1865

Proviso.

defective QO> the same effect and validity to pass the fee simple or other estate intended
^ t ^ w !? d ? n !? te to conveyed, and bar dower in the real estate therein mentioned in
District V 6 ** vor °^ fwttes in actual possession, claiming under and through such
Colombia cured, deeds, as if such deeds had been by such femtnes covert executed and

acknowledged, or acknowledged in case of a dower right, in the form
heretofore prescribed by law ; as if such deeds bad been executed and
acknowledged by the grantor in the deed ; as if such power of attorney
had been proved before the officer or officers taking the acknowledgment ;
as if such power of attorney had been proved before two justices of the
peace ; as if- such acknowledgment had been made before any judge of a
state court, or before two justices of the peace ; as if such attorneys-in-
fect or officer of a corporation had acknowledged the deed to be the deed
of the grantor or of the corporation ; as if such deeds had thereto annexed
a certificate, in legal form, that the officer or officers taking the acknowl-
edgment were really what they purport to be : Provided, That the cer-
tificate of acknowledgement by a femme covert shall show that the ac-
knowledgement was made u apart 99 or u privily " from her husband, or
use some other term importing that her acknowledgment was made out of
his presence, and also that die acknowledged or declared that she will-
ingly executed or that she willingly acknowledged the deed, or that tine
same was her voluntary act, or to that effect : And provided, also, That
when the power of attorney shall have [been] executed by a femme
covert the same shall be effectual and sufficient if there shall have been
such an acknowledgement of the same as would be sufficient, under the
provisions of this act, to pass her estate and interest therein were she a
party executing the deed of conveyance, the record and copy thereof of
any deed recorded as aforesaid to be evidence thereof, in the same man-
ner and to have the same effect as if such deed had been originally exe-
cuted, acknowledged, and recorded according to law*
Exceptions in Sec* 2. And be it further enacted, That all exceptions in favor of
b aV wid ttedS P^es beyond the District of Columbia, which may by existing laws be
trie? abrogated, replied or relied on in any action or proceeding brought in said district,

are hereby repealed and abrogated : Provided, That this section shall not
affect the right of parties in actions now pending, and such as may be
brought within three years from the passage of this act

Sec. 8. And be it further enacted. That the acts of congress approved
of certain acts of May thirty-first, eighteen hundred and thirty-two, and April twenty,
cermSa^tbe'ac- eighteen hundred and thirty-eight, in reference to the acknowledgement
knowledgment, and recording of deeds of land situated in said district, shall be taken
^'vLtridtof 11 ronstrued as cumulative with the acts of Maryland on the same sub-
Columbia, ject'in force in said district at the passage thereof, and that an acknowl-
18S2, ch. u&. edgement made and certified in compliance with any one of said acts, and

Proviso.

Proviso.

Contraction

deed," it shall have the same effect as if he or she acknowledged the
What acknowl- deed to be his or her act and deed* And any acknowledgement made by
edgmentof mar- a femme covert under either of said acts of congress (which shall be suf*
ac^toSr detent under the provisions of this act) of any deed executed by her hus-
dower. band, and heretofore recorded in the District of Columbia, shall be good

and effectual to bar all claim on her part to dower in the lands, described
therein, situated in said district* although she shall not have executed the
same.

Apfeoved, March 3, 1865.

March 8, 1865.

Chap. CXI. — An Act farther to Provide fir the Verifkatute of Invoices.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled) That all consular officers of the

THIRTY-EIGHTH CONGRESS. Sess. JL Cm 112, 118, 114 1865. 538

United States be, and they are hereby, authorized to require before certi- Consular offi-
fymg any invoice or invoices under the provisions of the first section of SS^SSSoS^
the act entitled "An act to prevent and punish frauds upon the revenue, may require sat-
to provide for the more certain and speedy collection of claims in favor *9fe<*ory proof of
of the United States, and for other purposes," approved March third, ^ corpectDess *
eighteen hundred and sixty-three, satisfactory evidence, either by the oath yffi^™^
of the person or persons presenting such invoices or otherwise, that such • * P*
, invoices are correct and true : Provided, That in the exercise of the dis-
cretion hereby given, the said consular officers shall be governed by such
general or special regulations or instructions as may from time to time -
. be established or given by the Secretary of State*
Approved, March 8, 1865,

Chap. CXIL — An Act amendatory of "An Art to amend anActentided'AnActtopro- March S,
mote the Progress of the useful Arts' approved March three, eighteen hundred and sixty- 1863 ch. 102
three" * Vol.xlLp.798.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That any person having an Inventors, &c,
interest in an invention, whether as inventor or assignee, for which a J© finaUe© ^
patent was ordered to issue upon the payment of the final fee, as provided may apply for
in section three of an act approved March three, eighteen hundred and £*j* nts &!?
sixty-three, but who has failed to make payment of the final fee as pro- yearSl
vided in said act, shall have the right to make an application for a patent
for his invention the same as in the case of an original application, pro-
vided such application be made within two years after the date of the al-
lowance of the original application $ Provided, That nothing herein shall Persona who
be so construed as to hold responsible in damages any persons who have !?7!J3^.5:?*|.
manufactured or used any article or tLingf^which a patent aforesaid SS,T&X*
was ordered to issue*. This act shall apply to all cases now in the patent- Act to apply to
office, and also to such as shall hereafter be filed. And all acts or parts cases,
of acts inconsistent with this act are hereby repealed*

Approved, March 8, 1865.

Chap. CXHI. — An Act toxunend the third Section of on Act entitled "An Act making March 3, 186b.

Appropriations for sundry Civil Expenses of the Government for the Year ending the i8SA.chT210.63.
thirtieth day of June, eighteen hundred and sixty-five, and for other Purposes" so floras p*. 35^

the same relates to Witnesses in the Courts of the United States.

Be it enacted by the Senate and House ofSepresentatives of the United
States of America in Congress assembled, That the third section of an act in actions by
entitled " An act making appropriations for sundry civil expenses of the a S£™ 8t e ** m -
government for the year ending the thirtieth of June, eighteen hundred pa^shaUt^tify
and sixty-five, and for other purposes/* be, and the same hereby is, unless, &c.
amended by adding thereto the following proviso: Provided, further.
That in actions by or against executors, administrators, or guardians, in
which judgment may be rendered for or against them, neither party shall
be allowed to testify against the other as to any transaction, with, or state*
ment by the testator, intestate, or ward, unless called to testify thereto by
the opposite party, or required to testify thereto by the court

Approved, March 3, 1865*

Chap. CXIV. — An Act in Relation to the Naval ObserwOory^ March 3, 1865.

Be it enacted by the Senate and House of Representatives of the United '
States of America in Congress assembled, That so much of the fir&t sec- Law requiring
tion of the act of third of August, one thousandeight hundred and forty- f^SSSSl%
eight, entitled « An act making appropriations for the naval service for the vai observatory
year ending the thirtieth of June, one thousand eight hundred and forty- t© be a captain,
nine,*' as requires that the superintendent of the naval observatory at ^Sh 121
Washington city shall be a captain, commander, or lieutenant in the navy, VoLix. p m

45*

*

581 THIRTY-EIGHTH CONGRESS. Szss. IL Ch. 115. 1865.

*

be, and is hereby, repealed, and no officer of the navy employed as super* -
intendent shall receive other than the shore-duty pay of his grade.
Approved, March 3, 1865.

Proviso.

Persons desir-
ing the benefit
of thi&actto
present survey

March 8, 1865. Chap, CXV. — -An Act fir the Relief of the Occupants of the Lands of the Ex-mission
of San Josf, in the State of CaUJornia.

Be it enacted by the Senate and Souse of Representatives of the United
Bightful occa- States of America in Congress assembled, That every person who has the

Eof the ex- P 08868 ^ 011 rightfully as against all others except the United States, or,

mission of San* being out of possession, is, as against all others except as aforesaid, en*
Jo&6 may enter titled to the possession of any portion of the tract of land situate in the
wme P o7tnT county of Almeda, State of California, known as the lands of the ex-mission
United States, of San Jose*, as included in the map and survey thereof, made October,

eighteen hundred and sixty-four, by K H. Dyer, deputy United States
surveyor, shall have the right, and the right is hereby granted to each and
every such person, to enter and purchase of the United States, at the sum
or price of one dollar and twenty-five cents per acre, such portion of said
tract so rightfully possessed by him, her, or them, or to which he, she, or
they may so have such right of possession, whether such person claim the
same by conveyance from or under Andres Pico and Juan B. Alvarado,
or either of them, or by possession only : Provided, however, That any per-
son entitled under this act to a parcel of less than eight acres shall in all
such cases pay ten dollars for the same.

Sec* 2. And be it further enacted, That every person claiming any
benefit under this act shall, within one year from the passage thereof, pre-
sent to the register and receiver of the United States land-office at San
Tritftin one year, Francisco a survey or plat of the portion of said tract claimed by him, her,
ment nattea8tate * or them, and which shall exhibit the quarter section ,or sections, qr parts

thereof, included in said plat, made by or under the direction of the United
States surveyor-general for California, and therewith a written statement
setting forth the right of such claimant to enter and purchase such portion
under the provisions of this act, and whether the said claimant has ac-
quired the alleged title of said Pico and Alvarado, or either of them thereto,
or holds by possession only; and thereupon such register and receiver
shall, under such rules as may be prescribed by the commissioner of the
general land-office, proceed and takS, hear, and examine the evidence
which may be offered in support of or against such claim, and, upon the
proofs being closed, shall determine upon and decide the same : Provided,
That no decision of said register and receiver shall be final until approved
by the commissioner of the general land-office.

Sec- 3. And be it further enacted, That the claimant in whose favor
whose favor final final decision has been made, upon paying to the receiver of the land-office
to haw patent at ^ an ^ancisco for the land embraced in such final decision the sum

therefor prescribed in the first section of this act, shall be entitled to a
patent for such land from the United States, conveying all the interest of
the United States therein to such claimant.
Lines of public Sec. 4* And be it further enacted, That upon all proceedings under this
snrveys to be ex- act being closed, and upon the appeal, taken to the supreme court of the
lands, whenf&c. United States by K L. Beard and others, claimants of said lands against

the United States, being dismissed, or the decree appealed from affirmed,
the surveyor-general of the United States for California shall cause the
lines of the public surveys to be extended over all portions of said land
which shall not have been disposed of under the provisions hereof, and
thereafter the same shall be disposed of as in the case of other public
lands.

Approved, March 3, 1865.

Register and
receiver to take
evidence, &c

Proviso.

Person in

s

s

THIRTY-EIGHTH CQN6EESS. Sbss. IL Gb. 116, 117, Hfc' 1865. 8B&.

*

Chap. CK7L—An Act to enable the accounting Officer* of the Treasury to settle the March 8> 1865.

Gkdm of the State of Kansas.

Be it enacted by ike Senate and Borne of Representatives of the United
States of America in Congress assembled. That the proper accounting offi- g^^SfJ^L
cers of the treasury be, and they are hereby, authorized to receive seo- tobe ^ ow £uo
ondary evidence, in lieu of die original vouchers, in support of a claim an amount not
for expenses incurred by the State of Kansas, provision for reimburse- ^^^fvff*
ment of which, was made by the "Act to indemnify the states for ex- Y^x&p!W
penses incurred by them in defence of the United States," approved July secondary ev^
twenty-seven, eighteen hundred and sixty-one, said original vouchers depcetobere-'
having been destroyed by fire at the late massacre in Lawrence, Kansas : ^^^h!
Provided, That, in the settlement of the above-mentioned claim, there era.
shall not be allowed to the State of Kansas a sum exceeding the sum of
twelve thousand three hundred fifty-one dollars and four cents ($12,-
351.04).

Approved, March 8, 1865.

Chap. CXVU. — An Actio extend ike Provisions of the first Section of "An Act for the March 3, 18S6.

Government of Persons in certain Fisheries" approved June nineteenth, eighteen hundred isia ch.2. §1*
and thirteen* Vol. ui. p. I.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the provisions of the first Provisions re-
section of "An act for the government of persons in certain fisheries," Jj&^JjdS?
approved on the nineteenth of June, in the year one thousand eight to mackerel
hundred and thirteen, shall extend and apply to the master or skipper fishery*
and seamen of vessels of the burthen of twenty tons or upwards, qualified
according to law for carrying on the mackerel fisheries, bound from a
port in the United States to be employed in such fisheries, in the same
way as if such fisheries had been embraced in said act : Provided, That proviso,
the agreement named in said section shall be duly made, indorsed, and
countersigned*

Approved, March 3, 1865.

Chap. CXVUL. — An Act to incorporate the Colored Union Benevolent Association. March 3, 1865*

Be it enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assembled) That Gurden Snowden, Charles Colored Union
Brown, James Wright, Sandy Alexander, Henry Logan, Charles Wilson, ^^j^nco^
Henry Brooks, John Shorter, Joseph Snorter, and their associates and porated* *~
successors, be, and they are hereby, constituted and declared to be a body
politic and corporate, by the name and title of the Colored Union Benevo-
lent Association, located in the city of Washington, and by its corporate*
name said association shall have perpetual succession, with power to sue Corporate
and be sued, to implead and be impleaded, in any court of the United powera *
States or of the District of Columbia of competent jurisdiction ; to receive
subscriptions, gifts, and benefits, and to make such rules and by-laws as
shall be deemed necessary and expedient for the government of the asso-
ciation, and to alter the same, from time to time, in such mode as shall
be prescribed therein : Provided, always, That such rules and by-laws By-laws*
shall be in nowise inconsistent with the constitution and laws of the
United States, or with the objects of the association. The objects of the Objects of the
association are hereby declared to be to provide for the care and comfort association,
of such members as shall be sick, disabled, or dependent, and of the fam-
ilies of such members, in cases where the proper officers of the associaf
tion shall deem it expedient, and also to provide for the decent interment
of such persons as may die in membership of the association or belonging
to the families of such members.

Sec. 2. And be* it further enacted, That said association shall have May bold real
power to hold real estate, or personal and mixed estate, by purchase, *j^1£J^ nai
gift, or devise, for the purposes of such association and no other, and to

SB6 THIRTY-EIGHTH CONGRESS. Sess. EL Ch/118, 119. 1865.

lease, sell, or convey such real estate, or mixed estate, or personal prop-
erty, as may be devised or donated to such association, and the leasing
or sale of which will promote the interests of said association.
Act may be Sbo. 3. And be U farther enacted, That congress shall have the right,
•tared, at any time, to modify, amend, or repeal this act.

Approved, March 8, 1865.

Location
changed*

March 8, 1885. Chap. CXIX. — An Ad to amend an Act entitled "An Act to incorporate the Mebropolu
1864, ch. 190 — <on Railroad Company in the District of Columbia?*

AnU,y.W&. Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That an act entitled "An act to
incorporate the Metropolitan Railroad Company in the District of Colum-
bia," approved July first, eighteen hundred and sixty-four, be, and the
same hereby is, amended as hereinafter set forth, namely, that the first
section be, and hereby is, amended by striking out all after the words
" along H street north to Seventeenth street west, intersecting the double*
track road," and inserting : also a double or single track railway, com-
mencing at the intersection of D street norm and Four-and-a-half street
west, along Four-and-a-half street west to the gate of the arsenal ; also a
double or single track branch railway, commencing at the intersection of
Ninth street west and the Washington canal, along Ninth street west to
M street north, along M street north to Twelfth street west, and along
Twelfth street west to the Washington canal and Maryland avenue to the
Potomac River ; also a double or single track branch railway, commenc-
ing at the intersection of Massachusetts avenue and H street north, along
Massachusetts avenue to K street north, along K street north to the circle,
with the privilege of extending the said branch road at any time along
K street north to Rock creek, across the oridge over Rock creek to Water
street, Georgetown, along Water street in Georgetown to Green street,
along Green street to Gay street, and along Gay street and First street to
Fayette street, Georgetown, with the privilege of extending at any time
the road now in operation from Seventeenth street west to the Capitol,
from the present terminus of said road on A street north, along A street
north to First street east, along First street east to East Capitol street,
along East Capitol street to Ninth street east, along Ninth street east to
L street south, with the right to run public carriages thereon, drawn by
horse power, receiving therefor a rate of fare not exceeding eight cents
per passenger, for any distance between the termini of either of the said
main railways, or between the termini of said branch railways, or between
either terminus of said main railway and the terminus of either of said
branch railways : Provided, That the use and maintenance of the said
road shall be subject to the municipal regulations of the city of Washing-
ton within its corporate limits.

Sec. 2. And be it further enacted, That section eight be, and hereby
is, amended by striking out the words " five hundred thousand dollars, and
inserting the words " one million dollars : " Provided, That the directors
of said Metropolitan Railroad Company shall have power to require the
subscribers to the capital stock to pay the amount by them respectively
subscribed at such time, in such manner, and in such instalments as they
may deem proper ; and if any stockholders shall refuse or neglect to pay
any instalments, as required by a resolution of the board of directors,
after reasonable notice of the same, the said board of directors may sell
at public auction, to the highest bidder, so many shares of said stock as
shall pay said instalments, (and the highest bidder shall be taken to be
the person who offers to purchase the least number of shares for the
assessment due,) under such general regulations as may be adopted in the
by-laws of said corporation, or may sue for and collect the same in any
court of competent jurisdiction.
Sec. 8. And be it further enacted, That section seventeen be, and

Bates of floe*

Road subject
to municipal
regulations.

Capital stock
increased.

Payment

Stock may be
sold in default.

THIRTY-EIGHTH CONGRESS. Skss.IL Ch. 119, 120. 1805. 537

hereby is, so amended as to allow the said corporation three years from Time for com-
the date of the approval of this act in which to complete the railways J^ on of
herein described and those described in the act to which this is an amend-
ment.

Sec 4 And be it further enacted, That the twenty-second section be, Package tick-
and hereby is, amended by striking out the words " at the rate of twenty- 6ts *
five for one dollar," and inserting the words " at the rate of sixteen for
the dollar."

Sec. 5. And be it further enacted, That the provision prohibiting any Color not to
exclusion from any car on account of color, already applicable to the ^^ u ^ ereon8
Metropolitan Railroad, is hereby extended to every other railroad in the
District of Columbia.

Approved, March 3, 1865.

Chap. CXX. — An Act ta incorporate the Continental Motel Company of ike City of March 8, 1865.

Washington, '

Be it enacted by ike Senate and House of Representatives of the United
States of America in Congress assembled, That Lewis Delmonico, of New Continental
York City, B. B. French, HenryD. Cooke, John W.JSorney, of Wash- Hotel Company
ington City, Stephen Flanagan, William Overfield, Jr., J. Warren Brown, incorporated *
of Maine, Thornton Smith, George D. Kellogg, and George Plowman, of
Philadelphia, and their associates, and all persons who now or hereafter
may be holders of the stock hereinafter mentioned, shall be, and they are
hereby, declared to be constituted a body politic or corporate by the style
of the Continental Hotel Company, to have perpetual succession, to be Powers,
capable in law of suing and being sued, to have a common seal, and to
have, hold, receive, enjoy, and take, either by absolute conveyance in fee
simple or upon ground rent, and in case of a conveyance upon ground
rent with power to execute the necessary covenant for securing the pay-
ment thereof such real estate as may be necessary or proper for the con-
struction of a hotel in the city of Washington, with such supplementary
buildings as may be adapted to and form part of the general plan and de-
sign thereof, with power to furnish and equip the same for the accommo-
dation and use of any parties who may be desirous of renting and occupy-
ing the same, and the real estate, or any part thereof, when in the opinion
of said corporation it may be proper to do so, to sell and to convey to any
person or persons who may be desirous of purchasing the same the furni-
ture and equipment thereof.

Sec. 2. [And be it further enacted^ That the capital stock of said Capital stock,
corporation shall not exceed two million dollars, divided into twenty thou-
sand shares of one hundred dollars each, and that it shall be held as per-
sonal property, and may be transferred under such regulations as the
corporators shall judge convenient.

Sec. 3. And be it further enacted, That a general meeting of the cor- Annual meet-
porators shall be annually held on the second Monday of January, for the
election* of five managers, and the transaction of other business; but if Managers,
such meeting or election shall not then take place, the corporation shall not
for that cause be dissolved, but such meeting or election shall take place
as soon thereafter as may be, one week's public notice thereof being first
given in at least two daily newspapers in the city of Washington.

Sbc* 4. And be it further enacted, That the election of managers shall Election of
be by ballot from among the corporators, and that in the enactment of by- managers,
laws for the government of the corporation and its officers, and in the de-
cision of all questions, whether of election of officers or disfranchisement
of corporators, either because of their delinquency in paying for the
amount of stock by them purchased of the corporation, or for other causes,
and on all questions at the meetings of the corporation, the corporators Votes, proxies,
present, either in person or by proxy, shall severally vote once for each
share of stock held by them*

538 THIRTY-EIGHTH CONGRESS. Sbss. IL Cb. 121, 122. 1865.

:n

Officers. , Sec* 5. And be it further enacted, That the managers shall continue
in office until their successors are elected ; they shall elect a president

Vacancies. from among themselves, supply vacancies in their number, whether occa-
sioned by death, resignation, or refusal to act, and shall have the general
and entire control of the affairs and interests of the company, except so far

Quorum. as may be otherwise provided by the corporators* Three members* shall
be a quorum at these meetings.

Corporators to Sso. 6* And be it farther enacted, .That until other officers shall be

"nntiL&c? 618 ** a ^ e * ecte< *> tne P ersons named in the first section of this act shall be held
^ to be managers of the said corporation, and shall have power and author-

ity as such.

Act may be Sec. 7. And be it further enacted* That congress may at any time here-
amended, after alter, amend* or repeal this charter.

Approved, March 3, 1865. *

March 3, 1865. Chap. CXXI. — An Act providing for the Confinement of juvenile Offender* against th$
1 Laws of the United States in Houses of Refuge.

Be it enacted by the Senate and Bouse of Representatives of the United
Confinement of States of America in Congress assembled, That juvenile offenders against
ew^nrictrifa ^ e * WTO ^ nited States, being under the age of sixteen years, and

any court of the who may hereafter be convicted of crime by any court of the United States,
United States, the punishment whereof shall be imprisonment, shall be confined during

the term of sentence in some house of refuge to be designated by the Sec-
retary of the Interior, and shall be transported and delivered to the warden
or keeper of such house of refuge by the marshal of the district where
such shall have occurred ; or if such conviction be had in the District of
Columbia, then, and in such case, the transportation and delivery shall be
by the warden of the jail of said district, and the reasonable actual expense
of the transportation, necessary subsistence, and hire, and transportation
of assistants and the marshal or warden, only, shall be paid by the Secre-
tary of the Interior, out of the judiciary fund.
Secretary of Sac. 2. And be it further enacted, That it shall be the duty <rf the Sec*
SacTf r toefe^ retar y 0r * the Interior to contract with the managers or persons having
subsistence, &c control of such houses of refuge for the imprisonment, subsistence, and

proper employment of all such juvenile cinders, mid to give the several
courts of the United States and of the District of Columbia notice of the
places so provided for the confinement of said offenders ; and such offend-
ers shall be sentenced to confinement in the house of refuge nearest the
place of conviction so designated by the Secretary of the Interior.
Approved, March 3, 186*5*

March 3, 1865. Chap. CXXH:-~An Act to amend an Act entitled "An Act to provide for the tetter Or~

1864, eh. 48> — * gamsatien of Indian Affairs in California:*

Ante, p. 39. Be it enacted by the Senate and Souse of Representatives of the United

Appropriation States of America in Congress assembled, That the sum of sixty thousand

to pay settlers in dollars, or so much thereof as may be necessary, be, and the same is

^^^j? 1 ^ hereby, appropriated, out of any money in the treasury not otherwise ap-

their improve* propnated, for the purpose of enabling the Secretary of the Interior to* pay

•man^a em T«»_ it. ±a1 • TT , TT_11 /1«1SJ» * I* xL • I ~ i.~ _ T—

™entson Ae ln- the settlers in Hoopa Valley, California, for their improvements on the In-
^o^w/ 011 ^ ^ m reservation therein : Provided, That before, the same or any part of
the money hereby appropriated shall be paid, the said improvements shall
be appraised by the superintendent of Indian affairs, the Indian agent at
said reservation, and the surveyor-general of California ; ..and if, in the
opinion of the Secretary of the Interior, their appraisement shall be reason-
able, and shall not in the aggregate exceed the sum herein appropriated,
die said Secretary is hereby authorized to apply the same, or so much
thereof as may be necessary, in payment for the said improvements, taking
the proper releases therefor : And provided, farther, That the moneys

V

THIRTY-EIGHTH^OONQRESS* Sess. IL Ch. 123, 124, 125. 1865. 539

hereby appropriated be reimbursed from the proceeds of the sales of .In- To be reim-
dian reservations in said state under the provisions of the act to provide jj* ^^rvJ? 89
for the better organization of Indian affairs in California, approved April dons,
eight, eighteen hundred and sixty-four. 1864, ch. 48.

Afpkoved, March 3, 1865* Ante, p. 40.

Chap. CXXIIL — An Act authorizing the Secretary of &w Treasury to lease or seU March 3, 186S.
certain Property of the United States situated at Bath, in the State of Maine.

Be it enacted by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That the Secretary of the Treas- Wharf at Bath,
ury is hereby authorized to lease die wharf property belonging to the J^J^Sldf
United States situated at Bath, in the State of Maine, for a term of years,
the lessee making all repairs thereupon ; or be may sell the same at his
discretion if it is no longer in use or required for the public service, 'and
he is hereby authorized to make, execute, and deliver all needful convey-
ances to the purchaser or purchasers thereof.

Approved, March 3, 1865.

Chap. UJULLV. — An Act to increase the Pay of Midshipmen and others. March 3, 186ff*

Be it enacted by the Senate and Mouse of Representatives of the United
States of America in Congress assembled, That midshipmen, after their p a y of mid-
final academic examination and until their promotion to the grade of, en- shipmea.
sign, shall be paid at the rate of eight hundred dollars per annum, while
on sea service.

Sec. 2. And be it further enacted. That acting masters' mates shall be Pay and style
styled mates, and the Secretary of the Navy is hereby authorized to in- <>£actiog masters 1
crease their pay to a sum not exceeding sixty dollars per month. **

Sec. 3. And be* it further enacted, That hereafter mates may be rated, Mates, how
under authority of the Secretary of the Wavy, from seamen and .ordinary may berated,
seamen who have enlisted in the naval service for not less than two years,
and such rating of an enlisted man, or his appointment as an officer, shall
not discharge him from his enlistment.

Sec. 4 And be it further enacted, That no person appointed or rated Nopereon rated
an officer or clerk in the navy shall receive any bounty, while holding an ^JjJJjJi^Sy
appointment 10001 u ^'

Seo. 5. And be it further enacted, That all acts or parts of acts which Repealing
are inconsistent with the provisions of this act are hereby repealed. clause.

Seo. 6. And be it further enacted, That acting passed assistant surgeons Acting passed
and acting surgeons may be appointed in* the same manner as acting as- a ^ $ta ^^ ow
sistant Burgeons are now appointed, wbo shall receive the compensation f jljolnted/pay*
of their respective grades. &c

Approved, March 3, 1865.

»

Chap. CXXV. — An Act to incorporate the "Capitol Hotel Company/* in Washington March 8.186&

City, District of Columbia. 2

Be it enacted by the Senate and Souse of Representatives of the United
States of America in Congress assembled, That Charles C. Little and A. Capitol Hotel
'C. Washburn, of Boston, in the State of Massachusetts ; George Folsom, Company i&cor-
Charles A. Stetson, and Frank Moore, of New York city, in the State of P oiated "
New York ; and Z. C Bobbins, of Washington, in the. District of Colum-
bia, and their associates and successors, be, and they are hereby, incorpo-
rated and made a body corporate, by the name of " The Capitol Hotel Name.
Company,** and by that name may sue and be sued, plead and be im-
pleaded, in any court of law or equity, of competent jurisdiction, and be
entitled to use and exercise all the powers, rights, and privileges incident
to such corporation, for the purpose of establishing and maintaining in said Purposes of
city of Washington building or buildings for a hotel, with rooms, shops, and corporation,
offices, to be used therefor and therewith ; and they may purchase apd
hold real and personal estate required and convenient therefor? and may,

4

540 THISTY-EIGHTH CONGRESS. Saas. IL Ch. 125, 126. 1865

after construction thereof sett, convey, or lease, and receive rent therefor
in whole or in party as they may choose and find for the interest of said
corporation.

Capital Block. Sec. 2. And be it further enacted, That the capital stock of said cor-
poration shall not exceed the sum of one million five hundred thousand

Shares, trans- dollars, and that the stock shall be divided into shares of one thousand
fer * dollars each, and shall be deemed personal property, transferable in such

manner as the said corporation by its by-laws may direct

Directors. Sbc. 3. And be it further enacted, That the government and direction

of the affairs of the corporators shall be invested, in a board of directors,
not less than five in number, who shall be elected by the stockholders

Annual meet- at their annual meeting, which shall be held on the first Monday of May
in each, year, from among the corporators and their associates and succes-
sors, in such manner as the by-laws of said corporation may direct

By-laws, &c Sbc. 4. And be it further enacted, That the said corporation shall have
full power to make # and prescribe such by-laws, rules, and regulations as
they may deem needful and proper for the, disposition and management
of the stock, properly, estate, and effects of the corporation, not contrary
to the charter or to the laws of the United States and the ordinances or
the city of Washington, and shall have power to alter or amend the same,
from time to time, as the interests of the corporation, in their opinion, may
require.

Act may be re- Sbc. & And be it further enacted, That this act may be altered, amend-
pwleo% ««• ed, or repealed, at the pleasure of congress*

Approved, March 8, 1865.

March 8/1868. Chap. CXXVL — An Act supplemental to an Act entitled "An Act to amend the several
iftfU' ch. "~ Ad* respecting Copyright?* approved February third, eighteen hundred and thirty-one,
ToV .p. an ^ to the Acts in Addition thereto and Amendment thereof.

Be it enacted the Seriate and House of Representatives of the United
Photographs, States of America in Congress assembled. That the provisions of said act
amvriSi^ s ^ a ^ ext6I) ^ *° an d include photographs and the negatives thereof which
pyngmeu. ^ a j| h erea ft er oe made, and shall enure to the benefit of the authors of
the same in the same manner, and to the same extent, and upon the same
conditions as to the authors of prints and engravings*
Copy of each Sbc. 2* And be it further enacted, That a printed copy of every book,
book, pamphlet, pamphlet, map, chart, musical composition, print, engraving, or photo-
tee o*f expense (P^pW *° r which a copyright shall be secured under said acts, shall be
to library of transmitted free of postage or other expense by the author or proprietor
«oagress. thereof, within one month of the date of publication, to the library of
itMttin congress at Washington for the use of said library j and the librarian of
^Receipt there- Qon ^ r Q 8S jg h ere0 y required to #ve a receipt in writing for the same.

Copyright tor- Sbc. 3. And be it further enacted. That if any proprietor of a book,
. feited uoki copy pamphlet, map, chart, musical composition, print, engraving, or photo-
ma^&c! graph, for which a copyright shall be secured as aforesaid, shall neglect

to deliver the same pursuant to the requirement of this act, it shall be
the duty of the librarian of congress to make demand thereof in writing,
at any time within twelve months after the publication thereof ; and in
default of the delivery thereof within one month after the demand shall
have been made, the right of exclusive publication secured to such pro-
prietor under the acts of congress respecting copyright shall be forfeited.
"Book" to Sec* 4 And be it further enacted^ That in the construction of this act
mean what; $h e wora * « book ** shall be construed to mean every volume and part of a

volume, together with all maps, prints or other engravings belonging
. to include sub- thereto; and shall include a copy of any second or subsequent edition
sequent editions. which gnan ^ plashed with any additions, whether the first edition of

such book shall have been published before or after the passing of this
Proviso. act : Provided, however, That it shall not be requisite to deliver to the

THIRTY-EIGHTH CONGRESS. Sjbss. IL Ch. 127. 1865. 541

said library any copy of the second or any subsequent edition of any
book, unless the same shall contain additions as aforesaid, nor of any book
which is not the subject of copyright.
Approved, March 8, 1865.

Chap. CXXVil. —An Act making Appropriations for the current and contingent Ex- March 3, 1865,

penses of the Indian Department, and for jtffilling Treaty Stipxdations ivith various Indian — 1

Tribes fir ike Tear ending thirtieth June, eighteen hundred and sixty-sit, and fir other
Purposes.

Be it enacted by the Senate and House of Representatives of the United
Stales of America in Congress assembled, That the following sums be, Appropriations
and they are hereby, appropriated, out of any money in the treasury not ^^SSS!to*
otherwise appropriated, for the purpose of paying the current and con- partmeat
tingent expenses of the Indian department and fulfilling treaty stipulations
with the various Indian tribes .: —

For the current and contingent expenses of the Indian department,
namely:

For the pay of superintendents of Indian affairs and of Indian agents, Superintend*
eighty-seven thousand four hundred and fifty dollars. ent8 > agMtt^sub.

For pay of sub-agents, six thousand dollars. ^

For pay of clerk to superintendent at St Louis, Missouri, one thou-
sand two hundred dollars.

For pay of temporary clerks by superintendents of Indian affairs, five
thousand dollars.

For pay of clerk to superintendent of Indian affairs In California, one
thousand eight hundred dollars.
For pay of interpreters, twenty-eight thousand four hundred dollars. interpreter^
For presents to. Indians, five thousand dollars. ESfSS pm *"

For provisions for Indians, eleven thousand eight hundred dollars.
For buildings at agencies and repairs thereof ten thousand dollars. ^^jj^S 8
For contingencies of the Indian department, thirty-six thousand five ^^gencies.
hundred dollars. * . . ; ,

For fulfilling treaty stipulations with the various Indian tribes : tton* p

Bfaekfoot Indians. — For last often instalments as annuity, to be ex- Blaekfoot Im-
pended in the purchase of such goods, provisions, and other useful articles dians.
as the President, at his discretion, may from time to time determine, per
ninth article of the treaty of seventeenth October, eighteen hundred and VoL xi. p. 659.
fifty-five, twenty thousand dollars. ' ;

For.kst of ten instalments as annuity, to be expended in establishing
and instructing them in agricultural and mechanical pursuits, and in edu-
cating their children, and promoting civilization and Christianity, at the
discretion of the President, per tenth article of the treaty of seventeenth
October, eighteen hundred and fifty-five, fifteen thousand dollars.

OhastOy Scoton, and Umpqua Indians, — For eleventh of fifteen in* Chaste, Scoton,
stalments of annuity, to be expended as directed by the President, per *** Umpqoas. .
third article treaty eighteenth November, eighteen hundred and fifty-four, VoL x. p. U22.
two thousand dollars.

For eleventh of fifteen instalments for the pay of a farmer, per fifth
article treaty eighteenth November, eighteen hundred and fifty-four, one
thousand dollars.

For eleventh of fifteen instalments for pay of physician, medicines, and
expense of care of the sick, per fifth article treaty eighteenth .November,
eighteen hundred and fifty-four, one thousand five hundred dollars.

For eleventh of fifteen instalments for pay of teachers and purchase of
books and stationery, per fifth article treaty eighteenth November, eigh-
jeen hundred and fifty-four, one thousand two hundred dollars:-

CMppewas of Lake Superior*— Fox two thirds of twenty-fourth of. Chippewa* of
twenty-five instalments in money, per fourth article treaty fourth. October,
eighteen hundred and forty-two, and eighth article treaty thirtieth Sep- VoL x. uq&
vol. xin. Pub. — 46

542

THIRTY-EIGHTH CONGRESS. Sisss. II. Ck 127. 1865.

tember, eighteen hundred and fifty-four, eight thousand three hunch*
and thirty-three dollars and thirty-three cents.

For two thirds of twenty-fourth of twenty-five instalments for the pay
of two carpenters, per fourth article treaty fourth October, eighteen hun-
dred and forty-two, and eighth article treaty thirtieth September, eighteen
hundred and fifty-four, eight hundred dollars.

For two thirds of twenty-fourth of twenty-five instalments in goods, per
fourth article treaty fourth October, eighteen hundred and forty-two, and
eighth article treaty thirtieth September, eighteen hundred and fifty-four
seven thousand dollars.

For two thirds of twenty-fourth of twenty-five instalments for the sup-
port of schools, per fourth article treaty fourth October, eighteen hundred
and forty-two, and eighth article treaty thirtieth September, eighteen hun-
dred and fifty-four, one thousand three hundred and thirty-three dollars
and thirty-three cents.

For two thirds of twenty-fourth of twenty-five instalments for the pay
of two farmers, per fourth article treaty fourth October, eighteen hundred
and forty-two, and eighth article treaty thirtieth September, eighteen hun-
dred and fifty-four, six hundred and sixty-six dollars and sixty-seven cents.

For two thirds of twenty-fourth of twenty-five instalments for the pur-
chase of provisions and tobacco, per fourth article treaty fourth October,
eighteen hundred and forty-two, and eighth article treaty thirtieth Sep-
tember, eighteen hundred and fifty-four, one thousand three hundred and
thirty-three dollars and thirty-three cents.

For eleventh of twenty instalments in coin, per fourth article treaty
thirtieth September, eighteen hundred and fifty-four, five thousand dollars.

For eleventh of twenty instalments in goods, household furniture, and
cooking utensils, per fourth article treaty thirtieth September, eighteen
hundred and fifty-four, eight thousand dollars.

For eleventh of twenty instalments for agricultural implements, and
cattle, carpenters 9 and other tools, and building materials, per fourth article
•treaty thirtieth September, eighteen hundred and fifty-four, three thou-
sand dollars.

For eleventh of twenty instalments for moral and educational purposes,
three hundred dollars of which to be paid to the Grand Portage band
yearly, to enable them to maintain a school at their village, per fourth
article treaty thirtieth September, eighteen hundred and fifty-four, three
thousand dollars.

For eleventh of twenty instalments for six smiths and assistants, per
second and fifth articles treaty thirtieth September, eighteen hundred and
fifty-four, five thousand and forty dollars.

For eleventh of twenty instalments for the support of six smiths' shops,
per second and fifth articles treaty thirtieth September, eighteen hundred
and fifty-four, one thousand three hundred and twenty dollars.

For ninth of twenty instalments for the seventh smith and assistant,
and support of shops, per second and fifth articles treaty thirtieth Sep-
tember, eighteen hundred and fifty-four, one thousand apd sixty dollars.

For support of a smith, assistant, and shop for the Bois Forte band,
during the pleasure of the President, per twelfth article treaty thirtieth
September, eighteen hundred and fifty-four, one thousand and sixty dol-
lars.

For support of two farmers for the Bois Forte band, during the pleas-
ure of the President, per twelfth article treaty thirtieth September, eighteen
hundred and fifty-four, one thousand two hundred dollars*
Ohippewas of Ohippewas of Ike Mississippi. — For one third of twenty-fourth of
the Mississippi, twenty-five instalments in money, per fourth article treaty fourth October,
vJ&^L I iSs! eighteen hundred and forty-two, and eighth article treaty thirtieth Sep-
* tember; eighteen hundred and fifty-four, four thousand one hundred and
sixty-six dollars and sixty-seven cents.

THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 127. 1865.

543

For one third of twenty-fourth of twenty-five instalments for the pay
of two carpenters, per fourth article treaty fourth October, eighteen hun-
dreg and forty-two, and eighth article treaty thirtieth September, eighteen
hundred and fifty-four, four hundred dollars.

For one third of twenty-fourth of twenty-five instalments in goods, per
fourth article treaty fourth October, eighteen hundred and forty-two, and
eighth article treaty thirtieth September) eighteen hundred and fifty-four,
three thousand five hundred dollars.

For one third of twenty-fourth of twenty-five instalments for the sup*
port of schools, per fourth article treaty fourth October, eighteen hundred
and forty-two, and eighth article treaty thirtieth September, eighteen hun-
dred and fifty-four, six hundred and sixty-six dollars and sixty-seven cents.

For one third of twenty-fourth of twenty-five instalments for the pur-
chase of provisions and tobacco, per fourth article treaty fourth Octo-
ber} eighteen hundred and forty-two, and eighth article treaty thirtieth
September, eighteen hundred and fifty-four, six hundred and sixty-six
dollars and sixty-seven cents.

For one third of twenty-fourth of twenty-five instalments for the sup-
port of two smiths' shops, including the pay of two smiths and assistants,
and furnishing iron and steel, per fourth article treaty fourth October,
eighteen hundred and forty-two, and eighth article treaty thirtieth Sep-
tember, eighteen hundred and fifty-four, six hundred and sixty-six dollars
and sixty-seven cents.

' For one third of twenty-fourth of twenty-five instalments for pay of
two farmers, per fourth article treaty fourth October, eighteen hundred
and forty-two, and eighth article treaty thirtieth September, eighteen hun-
dred and fifty-four, three hundred and thirty-three dollars and thirty^three
cents*

For eleventh of twenty instalments of annuity in money, per third arti-
cle treaty twenty-second February, eighteen hundred and fifty-five, twenty
thousand dollars.

GMppewaSy PiUager, and Lake Winnebagoshish Bands. — For elev- Chippewas,
enth of thirty instalments of annuity in money, per third article [treaty] Cke^Vim?eU-
twenty-second February, eighteen hundred and fifty-five, ten thousand six goshish bands,
hundred and sixty-six dollars and sixty-six cents. Vol. x. p. 1165.

For eleventh of thirty instalments of annuity in goods, per third arti-
cle treaty twenty-second February, eighteen hundred and fifty-five, eight
thousand dollars.

For eleventh of thirty instalments for purposes of utility, per third arti-
cle treaty twenty-second February, eighteen hundred and fifty-five, four
thousand dollars.

For eleventh of twenty instalments for purposes of education, per third
article treaty twenty-second February, eighteen hundred and fifty-five,
three thousand dollars.

For eleventh of fifteen annual instalments for support of two smiths
and smiths' shops, per third' article treaty twenty-oscond** February,
eighteen hundred and fifty-five, two thousand one hundred and twenty
dollars.

For pay of an engineer to grist and saw mill at Leech Lake, six hun-
dred dollars*

Chippewa* of the Mississippi, and the Pillager and Lake Winnebago-
sMsh Bands of Chippewa Indians in Minnesota. — For second of ten Chfopewasof
instalments for ten yoke of work-oxen, per fifth article treaty eleventh the MjSi^ppi
March, eighteen hundred and sixty-three, one thousand dollars. j™j [ a ke Wifnl

For the employment of a sawyeor, at ike discretion -of the President, bagwhfeh bands
per sixth article treaty eleventh March, eighteen hundred and sixty-three, jfa^jJ^nn'T
six hundred dollars. sia. D nne "

For compensation of female teachers on the reservation, who shall in- vol. xii. p. 1250.
struct the Indian girls in domestic economy, one thousand dollars.

544 THIRTY-EIGHTH CONGRESS. Sess. H. Ch. 127. 1865.

:i

Otiippewas of Chippewas of Saginaw, Swan Oreek> and Black River. — For last of
cXsk* W 'd r£& ten e< l ua ^ Animal instalments in coin, to be distributed per capita, in the
fiiven *" usual manner of paying annuities, per second article of the treaty of sec-
Vol. xl* p. 634. ond August, eighteen hundred and fifty-five, ten thousand dollars.

For last of ten instalments for the support of one blacksmith shop, per
second article of the treaty of second August, eighteen hundred and fifty-
five, twelve hundred and forty dollars*

For last of five equal annual instalments for educational purposes, un-
der the direction of the President, two thousand dollars*

For last of five equal annual instalments in agricultural implements,
three thousand dollars*
M^monees' Chippewas, Menomonees, Winnebagoes, and New York Indians. — For
Winneba^oe^ education during the pleasure of congress, per fifth article treaty eleventh
IndianaT August, eighteen hundred and twenty-seven, one thousand five hundred
VoL vii. p. 304 dollars.

Chickasawa. Ohickasaws. — For permanent annuity in goods, per act of twenty-fiftn,
1790, ch. 11. February, seventeen hundred and ninety-nine, three thousand dollars.
Chocta Okoctaws. — For permanent annuity, per second article treaty sixteenth

Vol. viLp. 99. November, eighteen hundred and five, and thirteenth article treaty twenty-
VoL xL p. 614. second June, eighteen hundred and fifty-five, three thousand dollars.
VoL vii. p. 218. For permanent annuity for support of light horsemen, per thirteenth
article treaty eighteenth October, eighteen hundred and twenty, and thir-
teenth article treaty twenty-second June, eighteen hundred and fifty-five,
six hundred dollars.
For permanent provision for education, per second article treaty twen-
VoLviLp.235. tieth January, eighteen hundred and twenty-five, and thirteenth article
treaty twenty-second June, eighteen hundred and fifty-five, six thousand
dollars.

For permanent provision for blacksmith, per sixth article treaty eigh-
teenth October, eighteen hundred and twenty, and thirteenth article treaty
twenty-second June, eighteen hundred and fifty-five, six hundred dollars*

For permanent provision for iron and steel, per ninth article treaty
twentieth January, eighteen hundred and twenty-five, and thirteenth arti-
cle of treaty twenty-second June, eighteen hundred and fifty-five, three
hundred and twenty dollars*

For interest on five hundred thousand dollars, at five per centum per
annum, for education, support of the government, and other beneficial
purposes, under the direction of the general council of the Choctaws, in
conformity with the provisions contained in the tenth and thirteenth arti-
cles of the treaty of twenty-second June, eighteen hundred and fifty-five, '
twenty-five thousand dollars.
Oamancfaes, Gamanches 9 Kiowas, and Apaches of Arkansas River. — For the sec-
Apaches of Ar- ond of five instalments, being the second series for the purchase of goods,
kansaa River. provisions, and agricultural implements, per sixth article treaty twenty-
Vol. x.p.1014. seventh July, eighteen hundred and fifty-three, eighteen .thousand 'dollars*

For expenses of transportation of the second of five instalments of
goods, provisions, and agricultural implements, per sixth article treaty
twenty-seventh July, eighteen hundred and fifty-three, seven thousand
dollars*

Creeks. Greeks. — For permanent annuity in money, per fourth article treaty

VoL vii. p. 36. seventh August, seventeen hundred and ninety, and fifth article treaty
VoL xL p. 700. seventh August, eighteen hundred and fifty-six, one thousand five hun-
dred dollars.

For permanent annuity in money, per second article treaty sixteenth
Vol. vii. p. 69. June, eighteen hundred and two, and fifth article treaty seventh August,
eighteen hundred and fifty-six, three thousand dollars*
For permanent annuity in money, per fourth article treaty twenty-fourth
Vol. vii. p. 287. January, eighteen hundred and twenty-six, and fifth article treaty seventh
August, eighteen hundred and fifty-six, twenty thousand dollars.

THlRTY-EIGHTH CONGRESS. Suss. II. Go* 127. 1865.

4

545

For permanent provision for blacksmith and assistant, and for shop and
tools, per eighth article treaty twenty-fourth January, eighteen hundred
and twenty-six, and fifth article treaty seventh August, eighteen hundred
and fifty-six, eight hundred and forty dollars.

For permanent provision for iron and steel for shop, per eighth article
treaty twenty-fourth January, eighteen hundred and twenty-six, and fifth
article treaty seventh August, eighteen hundred and fifty«six,two hundred
and seventy dollars.

For permanent provision for Hie pay of a wheelwright, per eighth
article treaty twenty-fourth January, eighteen hundred and twenty-six,
and fifth article treaty seventh August, eighteen hundrecLand fifty-six, six
hundred dollars.

For blacksmith and assistant and shop and tools during the pleasure of
the President, per fifth article treaty fourteenth February, eighteen hun* Vol. vH.p.419.
dred and thirty-three, and fifth article treaty seventh August, eighteen
hundred and fifty-six, eight hundred and forty dollars.

For iron and steel for shop during the pleasure of the President, per
fifth article treaty fourteenth February, eighteen hundred,, and thirty-
three, and fifth article treaty seventh August, eighteen hundred and fifty-
six, two hundred and seventy dollars.

For wagon-maker during the pleasure of the President, per fifth article
treaty fourteenth February, eighteen hundred and thirty-three, and fifth
article treaty seventh August, eighteen hundred and fiftysix, six hundred
dollars. .

For assistance in agricultural operations during the pleasure of the
President, per eighth article treaty twenty-fourth January, eighteen hun-
dred and twenty-six, and fifth article treatv seventh August, eighteen
hundred and fifty-six, two thousand dollars.

For education during the pleasure of the President, per fifth article
treaty fourteenth February, eighteen hundred and thirtv-three, and fifth
article treaty seventh August, eighteen hundred and fifty-six, one thou-
sand dollars.

For five per centum interest on two hundred thousand dollars for pur-
poses of education, per sixth article treaty seventh August, eighteen hun-
dred and fiftyvsix, ten thousand dollars.

Delawcures. — For life annuity to chief; per private article to supple- Delawares.
mental treaty twenty-fourth September, eighteen hundred and twenty-
nine, to treaty of third October, eighteen hundred and eighteen, one Vol vE p. 188.
hundred dollars.

For interest on forty-six thousand and eighty dollars, at five per centum,
being the value of thirty-six sections of land set apart by treaty of Eigh-
teen hundred and twenty-nine for education, two thousand three hundred
and four dollars.

Iowas. — For interest in lieu of investment on fifty-seven thousand five Iowas.
hundred dollars, balance of one hundred and fifty-seven thousand five
hundred dollars, to the first of July, eighteen hundred and sixty-six, at
five per centum per jannum, for education or other beneficial purposes,
under the direction of the President, two thousand eight hundred and
seventy-five dollars. . .

Kansas. — For interest in lieu of investment on two hundred thousand^ Kansas,
dollars, at five per centum per^uuium, ten thousand dollars. ,

Kzckapoos. — For twelfth instalment of interest, at five per eentum, on fcickapooe*
one hundred thousand dollars, for educational and other beneficial pur-
poses, five thousand dollars.

For twelfth instalment on two hundred thousand dollars, to be paid in
eighteen hundred and sixty-five, per second article treaty eighteenth May, Vol x. p. IMS.
eighteen hundred and fifty-four, seven thousand dollars.

Menomonees. — For. tenth of twelve instalments for continuing and
keeping up a blacksmith shop, and providing the, usual quantity of iron

46*

546 THIRTT-EIGHTH CONGBESS. Sess. II. Ch. 127. I860.

VoL be p. 952. and steel, per fourth article treaty eighteenth October, eighteen hundred
Vol. at. p. 1065. and forty-eight, and third article treaty twelfth May, eighteen hundred
' and fifty-four, nine hundred and sixteen dollars and sixty-six cents.

For last of ten instalments of annuity upon two hundred thousand
dollars, balance of three hundred and fifty thousand dollars for cession of
lands, per fourth article treaty eighteenth October, eighteen hundred and
forty-eight, and third article treaty twelfth May, eighteen hundred and
fifty-four, twenty thousand dollars.

For tenth of fifteen instalments for pay of miller, per third article* treaty
twelfth May, eighteen hundred and fifty-four, six hundred dollars*
Mamies of Miamies of Kansas* — For permanent provision for blacksmith and
X* 08 * 8 * assistant, and iron and steel for shop, per fifth article treaty sixth October,

VoL vlL p. isi. eighteen hundred and eighteen, and fourth article treaty June fifth, eigtv-
Vol. x-p. 109S. teen hoadVecl and fifty-four, nine hundred and forty dollars.

For permanent provision for miller, in lieu of gunsmith, per fifth article
treaty sixth October, eighteen hundred and eighteen, fifth article treaty
twenty-third October, eighteen hundred and thirty-four, and fourth article
treaty fifth June, eighteen h* <dred and fifty-four, six hundred dollars;

For interest on fifty thousand dollars, at five per centum, for educa-
tional purposes, per third article treaty fifth June, eighteen hundred and
fifty-four, two thousand five hundred dollars*

For sixth of twenty instalments upon two hundred thousand dollars,
per third article treaty fifth June, eighteen hundred and fifty-four, seven
thousand five hundred dollars*
Ifiamies of In- Mamies of Indiana. — For interest on two hundred and twenty-one
diana. thousand two hundred and fifty-seven dollars and eighty-six cents, unin-

Voj.vii.p.582. vested, at five per centum, for Miami Indians of Indiana, per Senate's
Vol. x. p. 1095. amendment to fourth article treaty fifth June, eighteen hundred and fifty-
four, eleven thousand and sixty-two dollars and eighty-nine cents.
Miamies, Eel Mamies — Eel River. — For permanent annuity in goods or other*
River. wise, per fourth article treaty third August, seventeen hundred and nine*

Vol. vih p. 51. (y "fi ve> five hundred dollars*

For permanent annuity in goods or otherwise, per third article treaty
VoL viUp.91. twenty-first August, eighteen hundred and five, two hundred and fifty
dollars.

For permanent annuity in goods or otherwise, per third and separate
VoL vii. p. 114. ^article to treaty thirtieth September, eighteen hundred and nine, three

^hundred and fifty dollars.
Nfequally, NisquaUy, PuyaUupj and other Tribes and Bands of Indians. — For
PuySlup, and eleventh instalment, in part payment for relinquishment of title to lands,
otbert^ds of to oe applied to beneficial objects, per fourth article treaty twenty-sixth

December, eighteen hundred and fifty-four, twelve hundred dollars*

For eleventh of twenty instalments for pay of instructor, smith,
physician, carpenter, former, and assistant, if necessary, per tenth article
VoL p. 1184. treaty twenty-sixth December, eighteen hundred and fifty-four, six thou-
sand seven hundred dollars.
Omafaas. Omaha*. — For the eighth of ten instalments of this amount, per fourth

VoL x. p. 1044. article treaty sixteenth March, eighteen hundred and fifty-four, thfry
thousand dollars*

For pay of miller and assistant miller, former, blacksmith and assistant,
, for* iron and steel, supplying smith's shop with tools and keeping the same
in repair, keeping in repair grist and saw mill, and for pay of an engineer
and assistant engineer, for the fiscal year ending June thirtieth, eighteen
hundred and sixty-six, four thousand eight hundred and forty dollars :
Proats from Provided, That any tolls or profits arising from the working of the mill
working tbe mill or shops shall be accounted for to the qgent and by him applied to the use
Se 8 iXSL 80 to an d benefit of said Indians.
Osages. Osages. — For interest on sixty-nine thousand one hundred and twenty

dollars, at five per centum, being the value of fifty-four sections of land

THIRTY-EIGHTH CONGBkSS. Sess. IL Ch. 127. 1865.

t

547

Ottoes and
Missonrias.

VoLx.p.1038

Kaskaskias,
Beoriaa, Weas,
and Pianke-
sbaws.

Ottawas and
Chippewaaof
Michigan.

set apart second June, eighteen hundred and twenty-five, for educational
purposes, per Senate resolution nineteenth January, eighteen hundred and
thirty-eight, three thousand four hundred and fifty-six dollars.

Uttoes and Missonrias. — For eighth of ten instalments, being the sec-
ond series, in money or otherwise, per fourth article treaty fifteenth March,
eighteen hundred and fifty-four, thirteen thousand dollars.

For the balance due the confederated tribes of the Kaskaskias, Peorias,
Weas, and Piankeshaws, arising from the sale of their a trust lands " by
William Brindle, late receiver of the land-office, as reported by the com-
missioner of the general land-office, held by said late receiver Brindle, un-
accounted for and not deposited in the United States treasury, six thousand
eight hundred and eighteen dollars and thirty cents : Provided, That when
said sum shall be received, it shall be paid into the treasury of the United
States.

Ottawas and Chippewas of Michigan. — For last of ten equal annual
instalments for educational purposes, to be expended under the direction
of the President, according to the wishes of the Indians, so far as may be
reasonable and just, per second article of the treaty of thirty-first July,
eighteen hundred and fifty-sia; [five], eight thousand dollars.

For last of ten instalments for the support of four blacksmith shops,
per second article of the treaty of thirty-first July, eighteen hundred and Yol. xL p. 623.
fifty-five, four thousand two hundred and forty dollars.

For last often instalments of principal, payable annually for ten years,
to be distributed per capita, in the usual manner of paying annuities, per
second article of the treaty of thirty-first July, eighteen hundred and fifty-
five, ten thousand dollars.

For interest on two hundred and six thousand dollars, unpaid part.of
the principal sum of three hundred and six thousand dollars, for one year,
at five per centum per annum, to be distributed per capita, in the usual
manner of paying annuities, per second article of the treaty of thirty-
first July, eighteen hundred and fifty-five, ten thousand three, hundred
dollars.

For last often equal annual instalments on thirty-five thousand dollars,
in lieu of former treaty stipulations, to be paid per capita to the Grand
River Ottawas, per second article of the treaty of thirty-first July, eigh-
teen hundred and fifty-five, three thousand five hundred dollars.

Pawnees. — For third of five instalments of the second series in goods
and such articles as may be necessary for them, per second article treaty
twenty-fourth September, eighteen hundred and fifty-seven, thirty thou-
sand dollars.

For support of two manual-labor schools annually, during the pleasure
of the President, per third article treaty twenty-fourth September, eighteen
hundred and fifty-seven, ten thousand dollars.

For pay of two teachers, under the direction of the President, per third
article treaty twenty-fourth September, eighteen hundred and fifty-seven,
one thousand two hundred dollars.

For purchase of iron and steel, and other necessaries for the shop, dur-
ing the pleasure of the President, per fourth article treaty twenty-fourth
September, eighteen hundred and fifty-seven, five hundred dollars.

For pay of two blacksmiths, one of whom to be a gunsmith and tinsmith,
per fourth article treaty twenty-fourth September* eighteen ^hundred and
fifty-seven, one thousand two hundred dollars* %

For compensation of two strikers or apprentices in shop, per fourth ar-
ticle of treaty twenty-fourth September, eighteen hundred and fifty-seven,
four hundred and eighty dollars.

For eighth of ten instalments for farming utensils and stock, during the
pleasure of the President, per fourth article treaty twenty-fourth Septem-
ber, eighteen hundred and fifty-seven, one thousand two hundred dol-
lars.

Pawnees.
Vol. xL p. 729.

548 THIRTY-EIGHTH CONGBESS. Sebs. H Ch. 127. 1865.

For pay of farmer, per fourth article treaty twenty-fcrorth September
eighteen hundred and fifty-seven, six hundred dollars.

For seventh of ten instalments for pay of miller, at the discretion of the
President, per fourth article treaty twenty-fourth September, eighteen hun-
dred and fifty-seven, six hundred dollars*

For seventh of ten instalments for pay of an engineer, at the discretion
of the President, per fourth article treaty twenty-fourth September, nigh-
teen hundred and fifty-seven, one thousand two hundred dollars*

For compensation to apprentices, to assist in working the mill, per fourth
article treaty twenty-fourth September, eighteen hundred and fifty-seven,
five hundred dollars.

For grist and saw mill, and keeping the same in repair, three hundred
dollars*

Pottawatomies Pottawatomies of Bwron. — For permanent annuity in money or other*
of Huron. wise, per second article treaty seventeenth November, eighteen hundred
Vol. vii. p. 106. and eeveo, four hundred dollars.

Pottawatomie*, Pottawatomies. — For permanent annuity in silver, per fourth article
Vol. vii. p. 61. treaty third August, seventeen hnndred and ninety-five, one thousand
dollars.

Vol. vii. p. 1H. For permanent annuity in silver, per third article treaty thirtieth Sep-
tember, eighteen hundred and nine, five hundred dollars.

Vol. vii. p. 185. For permanent annuity in silver, per third article treaty second Octo-
ber, eighteen hundred and eighteen, two thousand five hundred dollars.

Vol. vii. p. 817. For permanent annuity in money, per second article treaty twentieth
September, eighteen hundred and twenty-eight, two thousand dollars.

Vol. vii. p. 820. For permanent annuity in specie, per second article treaty .twenty-ninth
July, eighteen hundred and twenty-nine, sixteen thousand dollars.

Vol. vU; p. 879. For life annuity to chief, per third article treaty twentieth October,
eighteen hundred and thirty-two, two hundred dollars.

Vol. vii. p. 482. For life annuity to chiefs, per third article treaty 'twenty-sixth Septem-
ber, eighteen hundred and thirty-three, seven hundred dollars.

For education during the pleasure of congress, per third article treaty

Vol vii. p. 296. sixteenth October, eighteen hundred and twenty-tfix, second article treaty

Vol. vii. p. 817. twentieth September, eighteen hundred and twenty-eight, and fourth ar-

Vol.vii.p.879. tide treaty twenty-seventh October, eighteen hundred and thirty-two, five
thousand dollars.

For permanent provision for the payment of money in lieu of tobacco,
Vol vii. p. 817. iron, and steel, per second article, treaty twentieth September, eighteen
hundred and twenty-eighty and tenth article of the treaty of the fifth and
Vol is. p. $55. seventeenth June, eighteen hundred and forty-six, three hundred dollars.

For permanent provision for three blacksmiths and assistants, and per-
manent provisions for iron and steel for shops, per third article treaty
sixteenth October, eighteen hundred and twenty-six, second article treaty
twentieth September, eighteen hundred and twenty-eight, and second arti-
cle treaty twenty-ninth July, eighteen hundred and twenty-nine, two thou*
sand one hundred, and sixty dollars $ and to supply a deficiency in this
appropriation for the current fiscal year^seven hundred and fourteen*
dollars.

For permanent provision for fifty barrels of salt, per second Article of
treaty twenty-ninth July, eighteen hundred and twenty-nine, two hundred
and fifty dollars.

For interest on six hundred and forty-three thousand dollars, at five
per centum, per seventh- article of the treaty of the fifth and seventeenth
June, eighteen hundred and forty-six, thirty-two thousand one hundred
and fifty dollars.

Qnapaws. Quapaws. — For education during the pleasure of the President, per

VoL vii. p. 425. third article treaty thirteenth May, eighteen hundred and thirty-three, one
thousand dollars. *
For blacksmith and assistant, shop and tools, and iron and steel for shop,

THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 127/ 1865*

649

daring the pleasure of £he President, per third article treaty, thirteenth
Mar, eighteen hundred and thirty-three, one thousand and sixty dollars.

For former during the pleasure of the President, per third article treaty
thirteenth May, eighteen hundred and thirty-three, six hundred dollars.

Rogue Rivers. — For twelfth of sixteen instalments in blankets, cloth-
ing, farming utensils, and stock, per third article treaty tenth September,
eighteen hundred and fifty-three, two thousand five hundred dollars.

For balance due claimants under third article of the treaty of Septem-
ber tenth, eighteen hundred and fifty-three, with the Bogue River Indians,
for improvements made by land claimants on the Indian reserve, eight
hundred and fourteen dollars and eighty-two cents.

Sacs and Foxes of Mississippi. — For permanent annuity in goods or
otherwise, per third article treaty third November, .eighteen hundred and
four, one thousand dollars*

For interest on two hundred thousand dollars, at five per centum, per
second article treaty twenty-first October, eighteen hundred and thirty-
seven, ten thousand dollars.

For interest on eight hundred thousand dollars, at five per centum, per
second article treaty eleventh October, eighteen hundred and forty-two,"
forty thousand dollars.

Sacs and Foxes of Missouri* — For interest on one hundred and fifty-
seven thousand four hundred dollars, at five per centum, under the direction
of the President, per second article treaty twenty-first October, eighteen
hundred and thirty-seven, seven thousand eight hundred and seventy dollars.

Seminoks. — For the ninth of ten instalments for the support of schools,
per eighth article treaty seventh August, eighteen hundred and fifty-six,
three thousand dollars.

For the ninth of ten instalments for agricultural assistance, per eighth
article treaty seventh August, eighteen hundred and fifty-six, two thou-
sand dollars.

For the ninth of ten instalments for the support of smiths and smiths'-
shops, per eighth article treaty seventh August, eighteen hundred and
fifty-six, two thousand two hundred dollars.

For five per centum interest on two hundred and fifty thousand dollars,
to be paid as annuity, per eighth article treaty seventh August, eighteen
hundred and fifty-six, twelve thousand five hundred dollars.

For interest on two hundred and fifty thousand dollars, at five, per
centum, to be paid as annuity, they having joined their brethren west, per
eighth article treaty seventh August, eighteen hundred and fifty-six,
twelve thousand five hundred dollars.

Senecas. — For permanent annuity in specie, per fourth article treaty
twenty-ninth September, eighteen hundred and seventeen, five hundred
dollars. »

For permanent annuity in specie, per fourth article treaty seventeenth
September, eighteen hundred and eighteen, five hundred dollars.

For blacksmith and assistant, shop and tools, and iron and steel, during
the pleasure of the President, per fourth article treaty twenty-eighth Feb-
ruary, eighteen hundred and thirty-one, one thousand and sixty dollars*

For miller during the pleasure of the President, per fourth article treaty
twenty-eighth February, eighteen hundred and thirty-one, six hundred
dollars.

Senecasof New 2or&— - For permanent annuity, in lieu of interest on
stock, per act of nineteenth February, eighteen hundred and thirty-one,
six thousand dollars*

For interest, in lien of investment, oh seventy-five thousand dollars,' at
five per centum, per act of twenty-seventh June, eighteen hundred ana
forty-six, three thousand seven hundred and fifty dollars.

For interest, at five per centum, on forty-three thousand and fifty dol
lars, transferred from Ontario Bank to the United States treasury, per act

Sogue lovers.
VoL x. p. 1018.

Sacs and Foxes
of Mississippi.

Vol. vii. p. 85.

VoL vii. p. 540.

Vol. vii. p. 596.

Sacs and Fox««
of Missouri*

Vol. vii. p. 640.

Seminoles.
VoL xL p. 702.

Vol.vitp.161.

*

VoLvii.p.179.
VoL vii. p. 849.

Senecasof
Kew York.

1831, ch. 26-.
Vol. for. p. 442.

194ft oh. 84.
Vol bt p. 85

THIRTY-EIGHTH CONGRESS. Sebs. TL Go, 127* 1869.

of twenty-seventh June, eighteen hundred and forty-six, two thousand one
hundred and fifty-two dollars and fifty cents*
Senecas and Senecas and Shavrnees. — For permanent annuity in specie, per fourth
Shawnees. article treaty seventeenth September, eighteen hundred and eighteen, one
Vol. vii. p. 179. thousand dollars.

For blacksmith and assistant, shop and tools, and iron and steel for
shop, during the pleasure of the President, per fourth article treaty twen-
Vol. vii. p. 862. tieth July, eighteen hundred and thirty-one, one thousand and sixty dollars.
Shawneea. Shawnees, — For permanent annuity for educational purposes, per
Vol. vii. p, $1. fourth article treaty third August, seventeen hundred and ninety-five, and
Vol. x. p. 1066. third article treaty tenth May, eighteen hundred and fifty-four, one thou-
sand dollars

For twelfth instalment of interest, at five per centum, on forty thou-
sand dollars for education, per third article treaty tenth May, eighteen hun
dred and fifty-four, two thousand dollars.

For permanent annuity for educational purposes, per fourth article
Vol. vii p. 46. treaty twenty-ninth September, eighteen hundred and seventeen, and
third article treaty tenth May, eighteen hundred and fifty-four, two thou-
sand dollars.

_ Six Nations of Six Nations of New York* — For permanent annuity in clotnmg and
aa useful articles, per sixth article tneaty eleventh November, seventeen
Vol. vii. p. 46. hundred and ninety-four, four thousand five hundred dollars.
Treaty of Fort Treaty of Fort Laramie* — For test of five instalments, at the discre-
I * aran>ie * tion of the President, in provisions and merchandise, for payment of an-
Vol. xi. p. 749. auities, and transportation of the same, to certain tribes of Indians, seventy
thousand dollars.

Umpqjuw, UmpquaSy ( Cow Oreeh Hand.) — For twelfth of twenty instalments in
Itol) H«*el% clothing, provisions, and stock, per third article treaty nineteenth

Vol. x. p« 1027. September, eighteen hundred and fifty-three, five hundred and fifty dollars.
TJmpcraas and Umpqws and Calapooias, of Umpqua VaUey, Oregon. — For first of
alapooiasof * five instalments', of the third series, of annuity for beneficii

Calapooias of * five instalments^ of the third series, of annuity for beneficial objects, to be
Vo?. 1027 cxp^ed as directed by the President, per third article treaty nineteenth
* September, eighteen hundred and fifty-three, one thousand seven hundred
dollars*

For eleventh of fifteen instalments for the pay of a physician and
Vol.*. p. 1127. purchase of medicines, per sixth article treaty twenty-ninth November,
eighteen hundred and fifty-four, two thousand dollars.

For eleventh of twenty instalments for the pay of a teacher and pur-
chase of books and stationery, per sixth article treaty twenty-ninth No-
vember, eighteen hundred and fifty-four, one thousand four hundred and
fifty dollars.

Wfamebagoes. Winnebagoes. — For interest on one million dollars, at five per centum,
Vol. vii. p. 545. P° r fourth article treaty first November, eighteen hundred and thirty-
seven, fifty thousand dollars.

For nineteenth of thirty instalments of interest on eighty-five thousand
Vol. be p. 878. dollars, at five per centum, per fourth article treaty thirteenth October,
eighteen hundred and forty-six, four thousand two hundred and fifty dollars.

For the payment of goods purchased for the Winnebagoes, Mississippi,
Sioux, and Yancton Sioux, to replace those lost by the bur[n]ing of the
Goods lost by steamer " Welcome * at Saint Louis, on the fifteenth day of July, eighteen
steamer Wei- " hundred and sixty-four, fifty-four thousand seven hundred and seventy-one
came. ' " dollars and eighty-three cents; and to replace the goods destined for In-
dians in New Mexico, which were burned on the steamer' u Welcome " at
Saint Louis on the fifteenth day of July, eighteen hundred and sixty-four, *
two thousand seven hundred and. forty*five dollars and eighty-three cents ;
Goods burned and to replace the goods destined for Indians in the Territory of Utah,-
in wagons. which were burned on one of the wagons transporting the same from Ne-
braska city to Utah, on the twentyWond day of August, eighteen bun*
dred and sixty-four, six thousand three hundred and thirty-one dollars and

THIBTT-EIGHTH CONGRESS. Ssaa.IL Ca. 127; 1865. 551

thirty-eight cents: Provided, however, That any moneys to be recovered Xowaocare-
for msurance upon said goods shall be refunded to the treasury of the JJjyj*^ 1 *
United States*, * United States.

For the payment ot aW&*&~made by the Secretary of the Interior, to Payments of
be paid as damages growing omVof the loss and destruction of improve- awards for dam-
ments made upon the lands known as the Winnebago Reservation, in Bine 2KtJ*©? wlnn*
Earth County, Minnesota, by the bona fide actual settlers thereon, under bago reservation,
the preemption laws of the United States, before the same was selected
and set apart as an Indian reservation, and which award was made pur*
suant to an act of congress entitled u An act for the relief of preeraptors
on the home reservation of the Winnebagoes, in the Blue Earth region
in the State of Minnesota," approved July fourteenth, eighteen hundred 1862, ch. 165.
and sixty-two, and. to be paid to the several parties named in the said Vol. xu\ p. 566.
award, seven thousand, three hundred and two dollars and six cents*

Yoncton Tribe of Sioux. — For seventh of ten instalments, to be paid Yancton Sioux,
to them or expended for their benefit, commencing with the year in which
they shall remove to and settle and reside upon their reservation, per
fourth article^ treaty nineteenth April, eighteen hundred and fifty-eight, Vol xi. p. 744.
sixty-five thousand dollars.

. Uolopooids, Jffolcdfa) and Clackamas Indians, of Willamette Valley. — Calapooias,
For first of five instalments of the- second series of annuity for beneficial Molallas, &»^o?
objects, per second article treaty twenty-second January, eighteen hun- wf lamette
dred and fifty-$ve, six thousand five hundred dollars. Vol. x. p. 1144.

Ppneas* — For the second of ten instalments of the second series, to be Poncas.
paid to the m or e xpended for their benefit, commencing with the year in
which they snail remove to and settle upon the tract reserved for their
future homes, per second article treaty twelfth March, eighteen hundred VoLxiip. m.
and fifty-eight, ten thousand dollars*

For seventh of ten instalments for the establishment and maintenance
' of one or more manual-labor schools, under the direction of the President,
per second article treaty twelfth March, eighteen hundred 'and fifty-eight,
five thousand dollars.

For seventh of ten instalments; or during the pleasure of the President,
to be expended in furnishing said Indians with such aid and assistance in
agricultural and mechanical pursuits, including the working of the mill
provided: for in the first part of this article, as the Secretary of the Inte-
rior may consider advantageous and necessary for diem, per second article,
treaty twelfth March, eighteen hundred and fifty-eight, seven thousand
five hundred dollars*

D Wamish and other allied Tribes in> Washington Territory* — For sixth D' Wamiah,
instalment on one hundred and fifty thousand dollars, under the direction fc ^ Territory
of the President, per sixth article treaty twenty-second January, eighteen y ol ^
hundred and fifty-five,'ten thousand dollars. ' . p. *

For sixth of twenty instalments for the establishment and support of
an agricultural and industrial school, and to provide said 'school with a
suitable instructor or instructors, per fourteenth article treaty* twenty*
second January, eighteen hundred and fifty-five, three thousand dollars.

For sixth of twenty instalments 4 for the establishment and support of a
smith and carpenter shop, and' to furnish them with the necessary tools,
per fourteenth article treaty twenty-second January, eighteen hundred and
fifty-five, five hundred dollars.

For sixth of twenty instalments for the employment of a blacksmith,
carpenter, farmer, and physician who shall furnish medicines for the sick,
per fourteenth* article treaty twenty-second January, eighteen hundred
and fifty-five, four thousand six hundred dollars.

Mahxh Tribe* — For last of three instalments on thirty thousand dollars, ma«i» tribe,
under the direction of the President, per fifth article treaty thirty-first Voi.xh\p.94a
January, eighteen hundred and fifty-five, two thousand dollars.

For s|xth of twenty instalments for the support of an agricultural, and

1

552 TmET^imbkrH Congress. Sks& ie Cam: i865.

•1 «•

x Makah*. . industrial school, And for pay of teachers, per eleventh article treaty thirty
first January, eighteen hundred and fifty-five, two thousand five hundred
dollars.

For sixth of twenty instalments for support of a smith and carpenter's
shop, and to provide the necessary tools therefor, per eleventh article treaty
thirty-first January, eighteen hundred and fifty-five, five hundred dollars.

For sixth of twenty instalments for the employment of a blacksmith,
carpenter, former, and physician who shall furnish medicines for the sick,
per eleventh article treaty thirty-first January, eighteen hundred and fifty-
five, four thousand six hundred, dollars*

Walla- Walla,

Walla- WaUa> Cayuse, and UmatiUa Tribes. — For first of five instal-
Cayu& And ments of second series, to be expended under the direction of the Presi-

V^xiL^947 ^ entf ?^ Beo<>n ^ art »^ e treaty ninth June, eighteen tiunderd and' fifty-
*** five,' six thousand dollars*

For sixth of twenty instalments for the purchase of all necessary mill
fixtures, and mechanical tools, medicines, and hospital stores, books and
stationery for schools, and furniture for the employees, per fourth article
treaty ninth June, eighteen hundred and fifty-five, three thousand dollars*

For sixth of twenty instalments for the pay and subsistence of one
superintendent of farming operations, one farmer, two millers* one black-
smith, one wagon and plough maker, one carpenter and joiner, one
physician, and two teachers, per fourth article treaty ninth June, eighteen
hundred and fifty-five, eleven thousand two hundred dollars.

For sixth of twenty instalments for the pay of each of the head chiefs
of the Walla-Walla, Cayuse, and UmatiUa bands, the sum of five hun-
dred dollars per annum, per fifth article treaty ninth June, eighteen hun-
dred and fifty-five, one thousand five hundred dollars* •

For sixth of twenty instalments for salary for the son of Pio-pio-mox-
mox*> per fifth article treaty ninth June, eighteen hundred and fifty-five,
one hundred dollars*

Yakamana- Yakama Nation* — For first of five instalments, of second series, for
ft*** beneficial objects, at die discretion of the President, per fourth article

Vol. xftp. 958. treaty ninth June, eighteen hundred and fifty-five, eight thousand dollars*

For sixth of twenty instalments for the support of two schools, one of
which is to he an agricultural and industrial school ; keeping in repair
school-buildings, and for providing suitable furniture, books*, and station-
ery, per fifth article treaty ninth June, eighteen hundred and fifty-five,
five hundred dollars*

For sixth of twenty instalments for the employment of one superin-
tendent of teaching and two teachers, per fifth article treaty ninth June,
eighteen hundred* and fifty-five, three thousand two hundred dollars.

For sixth of twenty instalments for the employment of one superin-
tendent of forming and two formers, two millers, two blacksmiths, one tin-
ner, one gunsmith, one carpenter, and one wagon and plough maker, per
fifth article treaty ninth June, eighteen hundred and fifty-five, nine thou-
sand four. hundred dollars. *

% For sixth* of twenty instalments for keeping in repair saw and flouring
mills, and for furnishing the necessary took and fixtures, per fifth article
treaty ninth June, eighteen hundred and fifty-five, five hundred dollars.

For sixth of twenty instalments for keeping in repair the hospital, and
providing the necessary r medicines and fixtures therefor, per fifth article
treaty ninth June, eighteen hundred and fifty-five, three hundred dollars.

For sixth of twenty instalments* for the pay of a physician, per fifth
article treaty nintji t June, eighteen hundred and fifty-five, one thousand
four hundred dollars*

For sixth of twenty instalments for keeping in repair the braidings re-
quired for the various employees, and for providing the necessary furni-
ture therefor, per fifth article treaty ninth June, eighteen hundred and
fifty-five, three hundred dollars*

TEBBTE-EIGHT5 C503STGEE8S. Sbss. H Cbl 127. . 1865. 1BL

For, sixth of twenty instalments for ihe salary of such person as the
said confederated tribes and bands of Indians may select to be their head
chie£ per fifth article treaty ninth June, eighteen hundred and fifty-ftye,
five hundred dollars..

JShz Perce Indians* — For sixth of twenty instalments for the support Nez Perce In-
of two schools, one of which to be an agricultural and industrial school \ dian&
keeping in repair school-buildings, and for providing suitable furniture;
books, and stationery, per fifth article treaty eleventh June, eighteen bun- Vol. adi. p. 958.
dred and fifty-five, five hundred dollars.

For sixth of twenty instalments for the employment of one superin-
tendent of teaching and two teachers, per fifth article treaty eleventh
June, eighteen hundred and fifty-five, three thousand two hundred dollars.

For sixth of twenty instalments for keeping in repair blacksmiths', tin-
smiths', gunsmiths 9 , carpenters' and wagon and plough makers' shops^and
for providing necessary tools therefor, per fifth article treaty eleventh
June, eighteen hundred and fifty-five, five hundred dollars*

For sixth of twenty instalments for the employment of one superin-
tendent of farming, and two formers, two millers, two blacksmiths, one
tinner, one gunsmith, one carpenter, and one wagon and plough maker,
per fifth article treaty eleventh June, eighteen hundred and fifty-five, nine
thousand four hundred dollars.

For sixth of twenty instalments for keeping in repair saw and flouring
mills, and for furnishing the necessary tools and fixtures therefor, per
fifth article treaty eleventh June, eighteen hundred and fifty-five, five
hundred-dollars^

For sixth of twenty' instalments for keeping in repair the hospital, and
providing the necessary medicines and furniture therefor, per- fifth arti~
cle treaty eleventh June, eighteen hundred and fifty-five, three hundred
dollars.

For sixth of twenty instalments for pay of a physician, per fifth article
treaty eleventh June, eighteen hundred and fifty-five, one thousand four
hundred dollars.

For first of five instalments of second series, for beneficial objects, at
the discretion of the President, per fourth article treaty eleventh June,
eighteen hundred and fifty-five, eight thousand dollars.

For sixth of twenty instalments for keeping in repair the buildings for.
the various employees, and for providing the necessary furniture therefor,
per fifth article treaty eleventh June, eighteen hundred and fifty-five, three
hundred dollars.

For sixth of twenty instalments for the salary of such person as the
tribe may select to be their head chief, per fifth ' article treaty .eleventh
June, eighteen hundred and fifty-five, five hundred dollar*.

Flatheads qnd otker confederated Tribe** — For the second' of five instal- Hotheads and
ments on one hundred and twenty thousand* dollars, being the second ^ r t ^g lfeder *
series, for beneficial objects, at the discission of the President, per fourth voLxiTp^s.
article treaty sixteenth July, eighteen hundred and fifty-five, five thousand *
dollars.

For sixth of twenty instalments for the support of an agricultural and
industrial school, keeping in repair the buildings, and providing suitable
furniture, books, and stationery, per fifth article treaty sixteenth Jury,
eighteen hundred and fifty-five, three hundred dollars.

For sixth of twenty instalments for providing suitable instructors there-
for, per fifth article treaty sixteenth July, eighteen hundred and fifty-five, .
one thousand eight hundred dollars.

For sixth of twenty instalments for keeping in repair blacksmiths', tin
and gunsmiths', carpenters', and wagon and plough makers 9 shops, and
providing necessary tools therefor, per fifth article treaty sixteenth July,
eighteen hundred and fifty-five, five hundred dollars.

For sixth of twenty instalments for the employment of two farmers, two
voi». m Pun. — 47'

554

THIRTY-EIGHTH CONGBESS. Sbs& Bi Go. 137] 1866,'

+

Flafbeads, &c miller^, one blacksmith, one tinner, one gunsmith, one carpenter, ancTone
wagon and plough maker, per Hfth article treaty sixteenth July, eighteen
hundred and fifty-five, seven thousand fonr hundred dollars. r

For .sixth, twenty instalments for keeping in repair saw and fiounng
mills, and for. furnishing the necessary tools and fixtures therefor, per fifth
article, treaty sixteenth Jaly, eighteen hundred and fifty-five, five hundred
dollars*

For sixth of twenty instalments for keeping in repair the hospital, and
providing the necessary medicines and furniture therefor, per fifth article
treaty sixteenth July, eighteen hundred and fifty-five, three hundred dol-
lars.

For sixth of twenty instalments for pay of a physician, per fifth article
treaty sixteenth July, eighteen hundred and fifty-five, one thousand four
hundred dollars. .

For sixth of twenty instalments for keeping in repair the buildings re-
quired for the various employees, and furnishing necessary furniture there-
for, per fifth article treaty sixteenth July, eighteen hundred and fifty-five,
three hundred dollars*

For sixth of twenty instalments for the pay of each of the head chiefs
of the Flathead, Kootenay, and Upper Pend d'Oreilles tribes, per fifth
article treaty sixteenth July, eighteen hundred and fifty-five, fifteen hun-
dred dollars.

Transportation of annuity goods and provisions for the Flathead^*
dians, per fifth article of the treaty of July sixteenth, eighteen hundred
and fifty-five, for the present fiscal year, eleven thousand nine hundred and
twenty dollars and forty-one cents, or so much thereof as shall be neces-
sary*

Insurance and transportation of annuity goods and provisions .for the
Flathead Indians, per fifth article of the treaty of July sixteenth, eighteen
hundred and fifty-five, for the fiscal year ending June thirtieth, eighteen
hundred and sixty-six, eleven thousand nine hundred and twenty dollars
and forty-one cents, or so much thereof as shall be necessary.

Middle Oregon* Confederated Tribes and Bands of Indians in Middle Oregon. -r~ For
first of five instalments, second series, of six thousand dollars, for beneficial

Voi.xiLp.964. objects, at the discretion of the President, per second article treaty twenty-
fifth June, eighteen hundred and fifty-five, six thousand dollars. , *

For sixth of fifteen instalments for pay and subsistence of one farmer',
one blacksmith, and one wagon and plough maker, per fourth article treaty
twenty-fifth June, eighteen hundred and fifty-five, three thousand five-
hundred dollars.

For sixth of twenty instalments for pay and subsistence of one physi-
cian, one sawyer, one miller, one superintendent of farming operations*.and
one school-teacher, per fourth article treaty twentyvfifth June, eighteen hun^>
dred and fifty-five, five thousand six hundred dollars. . ,

For sixth of twenty instalments for payment of salary to the head chief
of said confederated bands, per fourth article treaty twenty-fifth Juno,
eighteen hundred and fifty-five, five hundred dollars.
Holds. Mold Indians. — For sixth of ten instalments for keeping in repair.

saw and flouring mills, and for the pay of necessary employees, the bene-
fits of which to be shared alike by all the confederated bands, per second
Vol.xii.p.981. article treaty twenty-first December, eighteen hundred and fifty-;five, one
thousand five hundred dollars.

For sixth of ten instalments for the pay of a carpenter and joiner to, aid
in erecting buildings and making furniture for said Indians, and to furnish*
tools in said service, per second article treaty jtwenty-first December,
eighteen hundred and fifty-five, two thousand dollars.

For pay of teachers to manual-labor school, for all necessary materials
therefor, and for the subsistence of the pupils, per second article treaty,
twenty-first December, eighteen hundred and fifty-five, three thousand
dollars.

THIRTY-EIGHTH CONGRESS. Sxss. H. Ch. 127. 1865.

555

Qm-nai-ek and QuU-leh-ttfe Indians. — For last of three instalments Qui-aai-dts
on twenty-five thousand dollars (being the third series), for beneficial ob- an^Qntt-fch-
jects, under the direction of the President, per fourth article treaty first Vol.2rii.p,m.
July, eighteen hundred and fifty-five, one thousand six hundred dollars.

For sixth of twenty instalments for the support of an agricultural and
industrial school, and for pay of suitable instructors, per tenth article treaty
first July, eighteen hundred and fifty-five, two thousand five hundred
dollars.

For sixth of twenty instalments for support of smith and carpenter shop,
and to provide the necesary tools therefor, per tenth article treaty first
July, eighteen hundred and fifty-five, five hundred dollars.

For sixth of twenty instalments for the employment of a blacksmith,
carpenter, and farmer, and a physician who shall furnish medicines for
the sick, per tenth article treaty first July, eighteen hundred and fifty-five, *
four thousand six hundred dollars.

* SKktBams* — For last of three instalments on sixty thousand dollars, S'Klailams.
(being the third series,) under the direction of the President, per fifth
article treaty twenty-sixth January, eighteen hundred and fifty-five, four Vol.xitp.984.
thousand dollars*

For six[th] of twenty instalments for the support of an agricultural and
industrial school, and for pay for suitable teachers, per eleventh article treaty
twenty-sixth January, eighteen hundred and fifty-five, two thousand five
hundred dollars.

For sixth of twenty instalments for the employment of a blacksmith,
carpenter > fa rmer, and a physician who shall furnish medicines for the
sick, .per eleventh article treaty twenty-sixth January , eighteen hundred
and fifty-five, four thousand six hundred dollars.

Ottawa Indians of fflanchardts Fork and Roche de B&uf. — For third Ottawa* of
of four instalments, in money, per fourth article treaty twenty-fourth June, | ^^^ajtoche
eighteen hundred and sixty-two, eight thousand five hundred dollars, de Boeaf.

For interest on seventeen thousand dollars, at five per centum, per
fourth article treaty twenty-fourth June, eighteen hundred and sixty-two, Vol. x&p. 1238.
eight hundred and fifty dollars.

For this amount, being the first of four instalments of the principal and
interest to June thirtieth, eighteen hundred and sixty-two, payable for
stocks held by the government, one thousand six hundred and fifty-five
dollars and thirty-eight cents.

For interest on one thousand six hundred and fifty-five dollars, from
July first, eighteen hundred and sixty-two, to June thirtieth, eighteen hun-
dred and sixty-five, two hundred and ninety-seven dollars and ninety-six
cents.

For second of four instalments of the principal and interest due on
stock, two thousand eight hundred and forty-nine dollars and eighty-seven
cents.

For interest on the balance of the stock, eight thousand five hundred
and forty-nine dollars and .sixty-one cents, held in trust from June thirti-
eth, eighteen hundred and sixty-two, to June thirtieth, eighteen hundred
and sixty-five, one thousand five hundred and thirty-eight dollars and
ninety-three cents*

For third of four instalments of the principal sum held in stocks by the
government, to be paid as annuity in eighteen hundred and sixty-six, two
thousand eight hundred and forty-nine dollars and eighty-seven cents.

For interest on five thousand six hundred and ninety-nine dollars and
seventy-four cents, from June thirtieth, eighteen hundred and sixty-five,
to June thirtieth, eighteen hundred and sixty-six, two hundred aad forty-
one dollars and ninety-eight cents.

Jxapahoes and Cheyenne Indians of the Upper Arkansas Biver. — For Arapahoes and
fifth of fifteen instalments of annuity of thirty thousand dollars, to be ex- Cheyeanes of the
pended for their benefit, — that is to say, fifteen thousand dollars per annum Upper ArkaMas -

556

THIRTY-EIGHTH CONGRESS Sess. 11/ Cm 127. 1866*

Delivery of
annuities;

to Chippewas
of Lake Superior;

to Chippewas
of Mississippi*

Chippewas of
Bed Lake and
Pembina tribe.

Pte,p, 668.

Eastern Sbo-
ahonees.

for each tribe, commencing with the year in which they shall remove to
and settle upon their reservations, — thirty thousand dollars*

F6r third of five instalments to provide* the said Indians with a mill
suitable for sawing timber and grinding grain, one or more mechanic shops,
with necessary tools for the same, and dwelling-houses for an interpreter,
miller, engineer for mill, (if one be necessary,) farmers, and the mechanics
that may be employed for their benefit, five thousand dollars.

For transportation and necessary expenses of delivery of annuities,
goods, and provisions, five thousand dollars.

For insurance, transportation* and necessary expenses of the delivery
of annuities and provisions to the Ghippewas of Lake Superior, five thou*
sand seven hundred and sixty-two dollars and sixty-three cents.

For insurance, transportation, and necessary expenses of the delivery
of annuities and provisions to the Chippewas of the Mississippi, three thou-
sand eight hundred and eighty-six dollars and seventy-five cents.

Chippewas of Red Lake, and PejnUna Tribe of Ghippewas. — For an-
nuity to be paid per capita to the Red Lake band of Ghippewas, during
the pleasure of the President, per third article treaty second October, eigh-
teen hundred and sixty-three, and second article supplementary to treaty
twelfth April, eighteen hundred and sixty-four, ten thousand dollars.

For this amount to the Pembina band of Ghippewas, during the pleas-
ure of the President, five thousand dollars.

For the second of fifteen instalments to be expended annually for the
purpose of supplying them with gilling twine, cotton matter, calico, linsey,
blankets, sheeting, flannels, provisions, farming-tools, and for 'such other
useful articles, and for such other useful purposes as may be deemed for
their best interests, per third article supplementary treaty of twelfth April,
eighteen hundred and sixty-four, eight thousand dollars.

For the second of fifteen instalments for same objects for the Pembina
band of Chippewas, four thousand dollars*

For second of fifteen instalments for pay of one blacksmith, one physi-
cian, who shall furnish , medicine for the sick, one miller and one farmer,
three thousand nine hundred dollars.

For second of fifteen instalments for the purchase of iron and steel and
other articles for bkcksmithing purposes, one thousand five hundred dol-
lars.

For second, of fifteen instalments, to be expended for carpentering and
other purposea> one thousand dollars.

For second of fifteen instalments, to defray the expenses of a board of
visitors, to consist of not more than three persons, to attend upon the
annuity payments of the said Chippewa Indians, whose salary shall not
exceed five dollars per day, nor more than twenty days, and ten cents per*
mile for travelling expenses, and not to exceed three hundred miles, three
hundred and ninety dollars.

For insurance and transportation of annuity goods and provisions, and
material for building mill, including machinery, iron and steel for black-
smiths, for the Chippewas of Red Lake and Pembina tribe, ten thousand
dollars*

For the first payment per fourth article of the treaty of October sec-
ond, eighteen hundred and sixty-three, to be expended in the purchase of
powder, lead, twine, or such other beneficial purposes as the chiefs may
^request, to be equitably distributed among the said bands, two thousand
dollars.

For the sum of five hundred dollars to be paid to each of the seven
chiefs of said bands, at the first payment, to enable each to build for him-
self a house, per fifth article treaty October second, eighteen hundred and
sixty-three, three thousand five hundred dollars.

Eastern Bands of Shoshonees. — For second of twenty Instalments, to
be expended, under the direction of the President, in the purchase of such

t

THIBTY-EIGHTH CONGRESS. Suss. II. Cb. 127. 1865. 557

•articles as he may deem suitable to their wants, either as punters or
herdsmen, ten thousand dollars*

Western Band of Shoshonees* — For first of twenty instalments in such Western Sho-
articles, including cattle for herding or other purposes, as the President c&onee8#
shall deem suitable for their wants and condition, either as hunters or
herdsmen, per seventh article treaty October first, eighteen hundred and
sixty-three, for the fiscal year ending June thirtieth, eighteen hundred and
sixty-five, five thousand dollars*

For second of twenty instalments for same objects, for the fiscal year
ending June thirtieth, eighteen hundred and sixty-six, fire thousand dol-
lars.

Northwestern Bands of Shoshanees. — For second of twenty instalments, Northwestern
to be expended, under .the direction of the President, in the purchase of Shoshonees.
such articles as he may deem suitable to their wants, either as hunters or
herdsmen, five thousand dollars.

GosUp Bands of Shoshonm* — For second of twenty instalments, to be Gostfp feaad*
expended, under the direction of the President, in the purchase of such of Sho8fioneefc
articles, including cattle for herding, or other purposes, as he shall deem
suitable for their wants and condition, either as huntsmen or herdsmen,
one thousand dollars.

Creek Nation. — For interest on two hundred thousand dollars, at five Creek tuition,
per centum per annum, as permanent annuity to be paid them in money,
or for such mechanical labor or useful articles as the Secretary of the In-
terior may from time to time direct, ten thousand dollars.

For payment of second of five instalments, to be expended for their
benefit in the purchase of .stock, horses, sheep, clothing, and such other
articles as the Secretary of the Interior, with the council of said nation,
may direct, forty thousand dollars*

Indian Serines in New Mexico. — For general incidental expenses of . Indian service
the Indian service in New Mexico, presents of goods, agricultural imple- m New Mexico 5
ments, and other useful articles, and to assist them to locate in permanent
abodes, and sustain themselves by the pursuits of civilized life, to be ex-
pended under the direction of the Secretary of the Interior, fifty thousand
dollars.

Indian* Service in the District of Country hosed from the Choctaw for j n country
the Indians lately residing in Texas. — For the expenses of colonizing, leased from choo*
supporting, and furnishing agricultural implements and stock, pay of neces- *****
sary employees, purchase of clothing, medicines, iron and steel, and main-
tenance of schools for Indians lately residing in Texas, to be expended
under the direction of the Secretary of the Interior, ten thousand dollars.

For the Wichitas and other affiliated Bands. — For the expenses of Wichitas, &c
colonizing, supporting, and furnishing said bands with agricultural imple-
ments and stock, pay of necessary employees, purchase of clothing, medi-
cines, iron and steel, and maintenance of schools/ to be expended under
the direction of the Secretary of the Interior, twenty thousand dollars*

Miscellaneous. — For the general incidental expenses of the Indian ser- Miscellaneous
vice in California, including travelling expenses of the superintending Indian service
agents, seven thousand five hundred dollars. in California.

For the purchase of cattle for beef and milk, together with clothing and
food, teams and forming tools for Indians in California, fifty-five thousand
dollars.

For the compensation of five extra clerks, employed in the Indian office T l^ 3 ^^ 8 m
under the acts of fifth August, eighteen hundred and fifly-fonr, and third ^dTlsT,
March, eighteen hundred and fifty-five, and under appropriations made Vol. x. p. 67&
from year to year, seven thousand dollars : Provided, That the said extra v^x^Iia.
clerks shall not be employed after the thirtieth day of June, eighteen proviso,
hundred and sixty-six, unless specially provided for by law.

For compensation of one clerk in the Indian office, to enable the Secre-
tary of the Interior to carry out the regulations prescribed to give effect

47*

558

THIRTY-EIGHTH CONGRESS. Sess. H. Ch. 127.* 1865.

Proviso*

Proviso.

Delivery of
annuities to In-
dians in Minne-
sota and Michi-
gan;

to Pawnees,
Poncas, and
Yaacton Sioux;

to Blackffeet
Indians.

Vaccination.

Indian service
in Oregon and
Washington.

Removal and
subsistence of In-
dians in Oregon
and Washington.

Indian service
in Nevada;

in Utah;

In Colorado*

Interest on
abstracted bonds,
Cherokee school
and national
funds.

Navajo Indians
in New Mexico.

to the seventh section of the act of March third, eighteen hundred and
fifty-five, granting bounty lands to Indians, fourteen hundred dollars:
Provided, That the said clerk shall not be employed after the thirtieth day
of Jane, eighteen hundred and sixty-six, unless specially provided fbr by
law.

For compensation of two extra clerks in the Indian office, employed to
carry out the treaty with the Ohickasaws in the adjustment of their claims,
two thousand eight hundred dollars : Provided, That the said extra clerks
shall not be employed after the thirtieth day of June, eighteen hundred
and sixty-six, unless specially provided for by law

For insurance, transportation, and necessary expenses of the delivery
of annuities and provisions to the Indian tribes in Minnesota and Michi-
gan, twenty thousand three hundred and fifty dollars and sixty-two cents*

For insurance, transportation, and necessary expenses of the delivery
of Pawnee, Fonca, and Yancton Sioux annuity goods* and provisions, ten
thousand dollars.

For * expenses of transportation and delivery of annuity goods to the
Blackfeet Indians, for the year, seventeen thousand dollars*

For expenses attending the vaccination of Indians, two thousand five
hundred dollars.

For the general incidental expenses of the Indian service in Oregon
and Washington Territory, including insurance and transportation of an-
nuity goods and presents, (where no special provision therefor is made by
treaties,) and office and travelling expenses of the superintendent and
sub-agents, thirty-five thousand dollars.

For defraying the expenses of the removal and subsistence of Indians
in Oregon and Washington Territory, (not parties to any treaty,) and for
pay of necessary employees, fifty thousand dollars.

Indian Service in Nevada. — For the general incidental expenses of
the Indian service in Nevada, presents of goods, agricultural implements,
and other useful articles, and to assist them to locate in permanent abodes,
and Sustain themselves by the pursuits of civilized life, to be expended
under the direction of the Secretary of the Interior, twenty-five thousand
dollars.

Indian Service in Utah Territory. — - For the general incidental ex-
penses of the Indian service in Utah Territory, presents of goods, agri-
cultural implements, and other useful articles, and to assist them to locate
in permanent abodes, and sustain themselves by the pursuits of civilized
life, to be expended under the direction of the Secretary of the Interior,
twenty-five, thousand dollars.

Indian Service in Colorado Territory* — For the general incidental
expenses of the Indian service in Colorado Territory, presents of goods,
agricultural implements, and other useful articles, and to assist them to
locate in permanent abodes, and sustain themselves by the pursuits of
civilized lite, to be expended under the direction of the Secretary of the
Inferior, twenty-five thousand dollars.

For payment of interest on fifteen thousand dollars, abstracted bonds,
for the fiscal year ending June thirtieth, eighteen hundred and sixty-five,
fbr the Cherokee school-fund, nine hundred dollars.

For payment of interest on sixty-eight thousand dollars, abstracted
bonds, for the fiscal year ending June thirtieth, eighteen hundred and
sixty-five, of the Cherokee national fund, four thousand and eighty
dollars.' >

Navajo Indians in New Mexico. — For subsistence for the Navajo
Indians, and for the purchase of agricultural implements, seeds, and other
articles necessary for breaking the ground on the reservation upon the
Pecos River, one hundred thousand dollars : Provided, That any part of
said sum may be used to furnish wool e>r other necessary materials to
Indians, to be by them manufactured into clothing and blankets*

*

THIRTY-EIGHTH CONGRESS. Ssss. II. Ch. 127. . 166$. JM

For payment of interest on one million six hundred -and ninety thou* Interest on
sand three handled dollars, non-paying stock held by the Sectary of the J^mtellt 8 ^
Interior in trust for various Indian tribes,' up to and Including the interest Indian tribes,
payable Julyfirst, 1 eighteen hundred and sixty-six,* four hundred and forty-
six thousand four hundred .and thirty-three dollars and fifty cents*

For subsistence, clothing, and general incidental expenses of the Sisse- o-J^P*?"* °£
ton, Wahpaton, Medawakanton, and Wahpakoota bands of* Sioux or Da- ton, Me<iawakar£
kota Indians, at their new homes, one hundred thousand dollars. ton' and Wahpa-

Indian Service in Idaho Territory I— For the general incidental ex- |iout b lnd1anl
penses of the Indian service in Idaho Territory, presents of goods,- agri- xncUan service
cultural implements, and other useful articles, and to assist them to locate in Idaho;
in permanent abodes, and sustain themselves by the pursuits of civilized
life, to be expended under the direction* of the Secretary of the Interior,
twenty thousand dollars*

Indian Service in the Territory of Arizona. — For the general inci- in Arizona. . t
dental expenses of the Indian service in the Territory of Arizona, pres-
ents of goods, agricultural implements, and other useful articles, and to
assist them to locate in permanent abodes, and sustain themselves by the
pursuits of civilized life, to be expended under the direction of the Sec-
retary of the Interior, twenty thousand dollars*

AD. that part of the public domain in the Territory of Arizona, lying Indian reserve
west of a direct line from Half- Way Bend to Corner Bock on the Color
rado River, containing about seventy-five thousand acres of land, shall
be set apart for an Indian reservation for the Iudians of said river and
Its tributaries.

To supply deficiencies in the Indian service in Arizona Territory. Deficiencies,
twelve thousand nine hundred dollars for the present fiscal year*

Indian Service in Montana Territory* — For the general incidental ex- Indian service
penses of the Indian service in Montana Territory, presents of goods, * a Montana,
agricultural implements, and other useful articles, and to assist them to
locate in permanent abodes, and sustain themselves by the pursuits of
civilized life, to be expended under the direction of the Secretary of the
Interior, twenty thousand dollars.

To enable the Secretary of the Interior to negotiate a treaty with the To negotiate a
Blackfoot and other tribes of Indians to relinquish so much of their reser- Sj^SfceTiiDd 8
. vation as lies south of the Missouri River, fifteen thousand dollars*. other Indian

California* — For pay of one physician, one blacksmith, one assistant tribes,
blacksmith, one farmer, one carpenter, upon each of the four reservations in^SrnT™*
of California, at the rate of fifty dollars per month, twelve thousand ;
dollars.

Indian Service in Dakota Territory. — For the general incidental ex- in Dakota,
penses of the Indian service in* Dakota Territory, presents of goods,
agricultural implements, and other useful articles, and to assist them to
locate in permanent abodes and sustain themselves by the pursuits of
civilized life, to be expended under the direction of the Secretary of the
Interior, twenty thousand dollars.

To enable the agent of the Yankton Sioux to restore to the friendly To restore
members of said tribe the goods and property and provisions taken from gjjj siouxf*"**"
them by the troops of the United States, ten thousand dollars.

To enable the' superintendent of. Indian affairs of Dakota Territory, To negotiate,
under the direction of the President, to negotiate a treaty of peace and ho8 "
amity with the hostile Sioux, and other hostile tribes allied with them, 6 ux '
twenty thousand dollars.

For the transportation and necessary expenses of delivery of provis- Delivery to
ions to the Indians within the Utah superintendency, twenty-two thou- Utah*,
sand five hundred dollars.

For salary of a special agent to take charge of Winnebago and Potta- Special agent
watomie Indians now in the State of Wisconsin, one thousand five hundred fa Winnebago
dollars*

560

THIRTY-EIGHTH CONGRESS. Sess. IL Ch. 127. 1865.

Tabegaache
band of Utah
Indians.

Past, p* 676.

Winnebagoea
and Pottawato-
mie8 of Wiscon-
sin.

Chippewas of
the Mississippi,
Pillagers, and
Lake Winneba-
goshish bands.

. Payment for
claims;

Post, p. 604,
to chiefs;

to Hole-in-the-
Day.

Clearing, &c,
reservation.

Houses for
chiefs.

Oxen and ag-
ricultural imple*
ments.

Tftbeguache Band of Utah Indians. — For the first of tea instalments
for the purchase of goods, under the direction of the Secretary of the In-
terior, per eighth article treaty of October seventh, eighteen hundred and
sixty-three, and Senate amendment of March twenty-fifth, eighteen hun-
dred ^nd sixty-four, ten thousand dollars.

For the same for the year ending thirtieth of June, eighteen hundred
and sixty-five, ten thousand dollars.

For the first of ten instalments for the purchaifc of provisions, under
the direction of the Secretary of the Interior, ten thousand dollars.

For the same for the year ending thirtieth of June, eighteen hundred
and sixty-five, ten thousand dollars.

For the purchase of five American stallions, per ninth article treaty
seventh October, eighteen hundred and sixty-three, and Senate amend*
ment of twenty-fifth March, eighteen hundred and sixty-four, two thou-
sand dollars*

For the first of five instalments, to be applied for the purposes of agri-
culture, and for the purchase of farming- utensils and stock animals, ten
thousand dollars.

For the same for the year ending thirtieth of June, eighteen hundred
and sixty-five, ten thousand dollars,

For insurance, transportation, and general incidental expenses of the
delivery of goods, provisions, and stock, five thousand dollars.
. Winnebago and Pottawatomie Indians of Wisconsin. — To enable the
Secretary of the Interior to take charge of certain stray bands of Winne-
bago and Pottawatomie Indians in the State of 'Wisconsin, ten thousand
dollars. '

Chippewas of the Mississippi- and Pillagers and Lake WinnebagosMsh
Bands of Chippewa Indians in Minnesota., — For this amount to be ap-
plied in payment towards the settlement of claims for depredations com-
mitted by said Indians in eighteen hundred and sixty-two, per third
article of the treaty May seven, eighteen hundred and sixty-four, for the
present fiscal year, twenty thousand dollars.

For this amount to be paid to the chiefs of the Mississippi bands of
Chippewas upon the ratification of this treaty, per third article treaty
May seven, eighteen hundred and sixty-four, for. the present fiscal year,
ten thousand dollars.

For this amount to be paid to the chief Hole-in-the-Day for depreda-
tions committed in burning his house and furniture in eighteen hundred
and sixty-two, per third article treaty May seven, eighteen hundred and
sixty-four, for the present fiscal year, five thousand dollars.

For clearing, stumping, grubbing, breaking, and planting on the reser-
vation hereby set apart for the Chippewas of Mississippi, in lots of not
less than ten acres each, for the five bands of Indians, per fourth article
of treaty May seven, eighteen hundred and sixty-four, for the present,
fiscal year, seven thousand five hundred dollars.

For this amount to be expended in building for each of the chiefs of
the five bands of the Chippewas of Mississippi, provided for in the fourth
article of the treaty of May seven, eighteen hundred and sixty-four, one
house each, under the direction of the Secretary of the Interior, for the
fiscal year ending June thirty, eighteen hundred and sixty-six, five thou-
sand dollars*

For first of ten instalments to furnish said Indians with ten yoke
of good work-oxen, twenty log-chains, two hundred grubbing-hoes, ten
ploughs, two grindstones, one hundred axes, handled, twenty spades, and
other farming implements, per fifth article treaty May seven, eighteen
hundred and sixty-four, for the present fiscal year, one thousand five hun-
dred dollars.

For the same object for the fiscal year ending June thirty, -eighteen
hundred and sixty-six, one thousand five hundred dollars.

THIRTY-EIGHTH CONGRESS. S&ffs. IE Ch. 127. 1865.

561

'For the employment of two carpenters, one thousand eight hundred Carpenters,
dollars) and two blacksmiths, one thousand eight hundred dollars ; four. S^§^J b J [^f 8 *
farm laborers, two thousand four hundred dollars ; one physician, one medicine,'
thousand two hundred dollars; and medicine for sick, five hundred dol-
lars, per fifth article treaty May seven, eighteen hundred and sixty-four,
Air the present fiscal year, seven thousand seven hundred dollars*

For the same object for the fiscal year ending June thirty, eighteen bun*
dr$d and sixtynsix, seven thousand seven hundred dollars.

For this amount to be applied towards the support of a saw-mill to be Saw-milL
built for the common use of the CMppewas of Mississippi, and the Red
Lake and Pembina bands of CMppewas, so long as the President may
deem it necessary, per sixth article treaty May seven, eighteen hundred
and sixty-fbuB, for the present fiscal year, one thousand dollars* ,

For same object for the fiscal year ending June thirty, eighteen hun-
dred and sixty-six, one thousand, dollars.

For this amount to be expended in building a road, bridges, &c, to Eoad, bridges,
their new agency, per sixth article treaty May seven, eighteen hundred *
and sixty-four, for the present fiscal year, seven thousand five hundred
dollars.

For new agency buildings to be located by the Secretary of the Inte- New agency
rior for the common use of the Chippewas of Mississippi, Red Lake, and buildings.
Pembina, and Pillagers, and Lake Winnebagoshish bands of Chippewa
Indians, per sixth article treaty May seven, eighteen hundred and sixty?
four, for die fiscal year ending June thirty eighteen hundred and sixty-six,
twenty-five thousand dollars, or so much thereof as shall be necessary.

For pay of services* and travelling expenses of a board of visitors, to Expenses of
consist of not more than five persons, to attend die annuity payments, to board of visitors,
the Indians, and so forth, and to inspect the fields, buildings, mills*, and
other improvements as stipulated in the seventh article treaty May seven,
eighteen hundred and sixty-four, not exceeding any one year more than
twenty days' service, at five dollars per day, or more than three hundred
miles travel, at ten cents per mile, for the fiscal year ending June thirty,
eighteen hundred and sixty-six, six hundred and fifty dollars.

For expenses of the removal of Chippewas, of Mississippi, to their new Removal of
homes, per twelfth article treaty May seven, eighteen hundred and sixty- Chippewas.
four, at a rate not exceeding ten dollars each person, for the fiscal year
ending June thirty, eighteen hundred and sixty-six, eleven thousand dol-
lars, or so much thereof as shall be necessary.

For the expenses of subsistence of eleven hundred Chippewas, of the Subsistence of
Mississippi, for six months at their new homes, at a rate not exceeding Chippewas.
thirty-eight cents per day for each person, per twelfth article treaty May
seven, eighteen hundred and sixty-four, for the fiscal year ending June
thirty, eighteen hundred and sixty-six, seventy-five thousand two hundred
and forty dollars, or so much thereof as shall be necessary.

For transportation of subsistence for Indians, for six months, to their Subsistence,
new homes, per twelfth article treaty May seven, eighteen hundred and
sixty-four, at a rate not exceeding seven cents per pound, for the fiscal
year ending June thirty, eighteen hundred and sixty-six, thirty thousand
four hundred and ninety-two dollars, or so much thereof as shall be neces-

For -die payment of female teachers employed on the reservation to Female teach-
instruct Indian girls in domestic economy, per thirteenth article treaty ers *
May seven, eighteen hundred and sixty-four, for the fiscal year ending
June thirty, eighteen hundred and sixty-six, one thousand dollars.

Sec. 2. And he it further enacted, That, to provide for the usual distri- Medals,
bution of medals among the chiefs of the Indian tribes, the sum of five
. thousand dollars be, and the same is hereby, appropriated, out of any
money in the treasury not otherwise appropriated.
Sbo. 8. And be it further emoted. That the Secretary of the Treasury

* *

562 THIRTY-EIGHTH CONGRESS. Sass. JL Ci£ 127.. 1865.

Certain anna- is authorized to pay iaxsoinrsnch of the- annuities as by the tonus of any
tew to belaid fa e United States with any Indian tribe, are required to be paid

in coin.

Chiefe, &c,of Sbg. 4 And be it further enacted, That each of the chiefs, warrior

M^SSw en. mi heads of families of Stockbridge Munsee tribes of Indians re-
ter a homestead.* siding jn the County of Shawana and State of Wisconsin, may, under the

direction of the Secretary of the Interior, enter a homestead and become
* entitled to all the benefits of an act entitled " An act to secure homesteads
' v^^^fiM t0 actual settlers on the public domain," approved May twenty, eighteen
* * p ' hundred, and sixty-two, free from any fee or charge whatever, and any
Abandoned part of the lands being a part of their present reservation, which may be
b?So? IOn8may abandoned* under the foregoing provisions, may be sold under die direc-
tion, of the Secretary of the Inferior, and the proceeds appliedibr the 'benefit
of such Indians as may settle on said homesteads, to aid them in improving
Homestead not the same. The said homestead thus secured shall not be subject to any
subject to tax, tax, levy, or sate whatever, nor shall the same be sold, conveyed, mort-
gaged, or in any manner encumbered except upon the decree of the dis-
Ghieft, &c trict court of the United States, as hereinafter provided. Whenever any
may become citi- of said chiefs, warriors, or heads of families of said tribes, having filed

with the clerk of the district court of the United* States a declaration
of his intention, to become a citizen of the United States, and to dissolve
Proceedings, all relations with any Indian tribe, two years previous thereto, shall ap*
pear in said court, and prove to the satisfaction thereof, by the testimony
of two citizens of the United States, that for five years last past he has:
adopted the habits of civilized life, that he has Maintained himself and
family by his own industry, that he reads and speaks the English lan-
guage, that he is well disposed to become a peaceable and orderly citi-
zen ; and that he has sufficient capacity to manage his own affairs ; .the
court may enter a decree admitting bun to aH the rights of a eitizen of
the United States, and thenceforth he shall be no longer held or treated
as a member of any Indian tribe, but shall be entitled to all the rights
and privileges, and be subject to all the duties and liabilities to taxation
of other citizens of the United States. But nothing herein contained shaJL
' be construed to deprive them of annuities to which they are or may be
entitled.

Portions of S&c* 5. And be it further enacted, That the Secretary 1 of the Interior
t? DM^hMfflfcv ^ an * ne * nere °y> authorized to expend such part of the&mount herein
may beexpendS appropriated to carry into effect any treaty stipulation, with, any tribe or
for individual tribes of Indians, all or any portion of whom shall be in.-a-state of actual
loyd members of hostility to the government of the United States, including the. Creeks,

Ghoctaws, Chickasaw*, Seminoles, Wxchitas, fend other affiliated tribes,
as well as the Cherokees, as may be found necessary to support such
individual members of said tribes as have been driven from their homes
or reduced to want on account of their friendship to the United States,
and enable them to subsist until they can support themselves in their own
♦ Account to be country : Provided, That an account shall be kept of the sums do paid for
ke P t# the benefit of the said members of said tribes, which account shall be

rendered to congress, at the commencement of the next session thereof,
Purchases and all the purchases of articles for the purposes above set forth, shall be
how made. made of the lowest responsible bidder after sufficient public notice by ad-
vertisement in appropriate newspapers: Provided, €dso, That the said
Secretary shall not be required to accept any bid which* is in "his judg-
No part to be ment unreasonable in its character: Provided, further, That no part of
^pendedfor cer- said annuities shall be expended for Indians outside of the Indian Terri-
Indians. ^ QX j 80ut b Q £ Kansas, except in providing &r such individual Indians or
families as are sick and unable to remove to that territory, or such as
may be driven out of that territory by armed rebels, after the passage of
this act.

Sso. 6. And be it further enacted, That the Secretary of the Treasury

THIRTY-EIGHTH CONGRESS. Sess. JL Cb. 127. 1865*

568

be, and lie is hereby, authorized and directed,' in Hen of the bonds for the The Secretary
sum of two hundred and fifty thousand dollars, appropriated for the use ^ thB jEj^^f
of the Choctaw Indians, by an act entitled "An act making appropria- in money in lieu
lions for the current and contingent expenses of the Indian department, of bonds, fbrsup-
and for fulfilling treaty stipulations with the various Indian tribes, for ^eroW^
the year ending Jane thirty, eighteen hundred and sixty-two," approved Creeks, &c
March second, eighteen hundred and sixty-one, to pay to the Secretary 1861, cb. 85.
of the Interior two hundred and fifty thousand dollars for the relief and Vo1 - P- 288 -
support of individual members of Cherokee, Creek, Choctaw, Chickasaw,
Seminole, Wichita, and other affiliated tribes of Indians, who have been
driven from their homes and reduced to want on account of their friend-
ship to the government, as contemplated by the provisions of an act en-
titled <* An act making appropriations for the current and contingent lgfi2 .
expenses of the' Indian department, and for fulfilling treaty stipulations VoL xii. p. 528.
with the various Indian tribes for the year ending June thirtieth, eighteen
hundred and sixty-three," approved July fifth, eighteen hundred and
sixty-two.

Sec. 7. And he it further enacted, That the Secretary of War be, and Secretary of
be is hereby, authorized to famish the so-called refugee Indians in the War tofhrniah •
Indian Territory such temporary relief as may be absolutely necessary,

to refugee In-
including clothing and provisions during the residue of the fiscal year dians.

ending the thirtieth of June, eighteen hundred and sixty-five, to be fur-
nished out of any money appropriated for the commissary and quarter-
master's department : Provided^ That a detailed report shall be made to Report to con-
congress, at its next session, of all expenditures made for their relief. ft 1688 *

Sec. 8. And he it further enacted, That any person who may drive or Unlawful drir-
remove, except as hereinafter provided, any cattle, horses, or other stock ^£^ c * ( ^ oc ij
from the Indian Territory for the purposes of trade or commerce, shall be i^^' Territory)
guilty of a felony, and on conviction be punished by fine not exceeding &c, how pun-
five thousand dollars, or by imprisonment not exceeding three years, or ^ hed *
by both such fine and imprisonment*

Sec. 9* And he it further enacted, That the agent of each tribe of Agents of In.
Indians, lawfully residing in the said Indian Territory, be, and he is here- 5?i n t^ 068 ma y
by, authorized to sell for the benefit of said Indians any cattle, horses, 6^,fer^aans?
or other live stock belonging to said Indians, and not required for their
use and subsistence, under such regulations as shall be established by the
Secretary of the Interior : Provided, That nothing in this and the pre- Proviso,
ceding section shall interfere with the execution of any order lawfully
issued by the Secretary of War, connected with the movement or sub-
sistence of the troops of the United States*

Approved, March 8, 1865*

$

' i

• * ♦

y »

THIRTY-EIGHTH CONGRESS. Sebs. IL Res. .1, 8, 4» 5. 1865. 565

A

RESOLUTIONS.

*

[No* 1*] Joint Resolution authorizing the Secretory of the Navy to expend a Portion of Dec 15, 1864.
the contingent Fund fit emerging the Navy Deparbnent Budding. '

Be it resolved by the Senate\ and Bouse of Representatives of the United
States of America in Congress assembled, That the Secretary of the Navy Enlargement
be, and he hereby is, authorized to expend so much of the contingent ^ e ^ t a JJ i ^* rt '
fund heretofore* appropriated as may be necessary for the enlargement of
the Navy Department building to meet the wants of the department

Approved, December 15, 1864

[No. 8J A Resolution tendering the Thanks of Congress to Captoin John A. Winslow, Dec* 20, 1864*
U. S. Navy { and to the Officers and Men underjus Command on Board the U S. Steamer
Kearsarge, in her Conflict with the piratical ftraftthe "AJabanta ; " in Compliance with the
President's Recommendation to Congress of the Jifth of December, eighteen hundred and
sixty-jbur.

Resohed by the Senate and House of Representatives of the United
States of America in Congress assembled, That the thanks of congress Thanks to
are due, and are hereby tendered, to Captain John A. Winslow, of the t^J^E^'
United States navy, and to the officers, petty officers, seamen, and marines j^g©.
of the United States steamer "Kearsarge," for the skill and gallantry
exhibited by him and the officers and men under his command, in the
brilliant action on the nineteenth of June, eighteen hundred and sixty-
four, between that ship and the piratical craft "Alabama" — a vessel su-
perior to his own in tonnage, in guns, and in the number of her crew.

Approved, December 20, 1864

[No. 4] A Resolution tendering the Thanks of Congress to Lieutenant William B.'Oush- Dec* 20, 1864.
ing, of the United States Navy, and to the Officers and Men who assisted him in his gal- 1
hint and perilous Achievement tn destroyingthe rebel Steamer "Albemarle" in Compliance
with the Presidenfs Recommendation to Congress of the fifth of December, eighteen hun-
dred [and\ sixty-four.

Resohed by the Senate and House of Representatives of the Untied
States of America in Congress assembled, That the thanks of congress are Thanks to
due, and are hereby tendered, to Lieutenant William B. Cashing, of the ^ e ^^^
United States navy, and to the officers and men under his command, for 'structfon of the
the skill and gallantry exhibited by them in the destruction of the rebel Albemarle,
iron-clad steamer *f Albemarle," at Plymouth, North Carolina, on the
night of the twenty-seventh of October, eighteen hundred and sixty-four.

Approved, December 20, 1864

[No. 5.] Joint Resolution tendering the Thanks <f the People and of Congress to Major- Jan. 10,1865.
General William T Sherman, and the Officers and Soldiers of hie Command, for their
gallant Conduct tn their late brilliant Movement through Georgia.

Be it resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the thanks of the people Thanks to
and of the congress of the United States are due and are hereby tendered B^or-Genera!
to Major-General William T. Sherman, and through him to the officers Bliennan '
ana men under his command, for their gallantry and good conduct in their
vol. xiii. Pub. — 48 * ^

566 THIRTY-EIGHTH CONGRESS- Sbss. IL Res. 6,7, 8* 1865.

late campaign from Chattanooga to Atlanta, and the triumphal march
thence through Georgia to Savannah, terminating in the capture and
occupation of that city ; and that the President cause a copy of this joint
resolution to be engrossed and forwarded to Major-General Sherman.
Appbovbp, January 10, 186*5.

Jan.' 18, 1868. [No. 6.] Joint Resolution providing fir the Termination of the Reciprocity Treaty of fifth
' " June, eighteen hundred and fifty jour, between the United States and Great Brttatn.

Notice to ter- Wherbas it is provided in the Reciprocity Treaty concluded at Wash-
^f*) 1 ^ ington, the fifth of June, eighteen hundred and fifty-four, between the
with Groat Briu United States, of the one part, and the United Kingdom of Great Britain
•to- and Ireland, of the other part, that this treaty " shall remain in force for

Vol. x. p. 1089. ten years from the date at which it may come into operation, and further
until the expiration of twelve months after either of the high contracting
parties shall giv ( e notice to the other of its wish to terminate the same;"
and whereas it appears, by a proclamation of the President of the United
Vol. x. p. 1179. States; bearing date sixteenth March, eighteen hundred and fifty-five,
that the treaty came into operation on that day ; and whereas, further, it
is no longer for the interests of the United States to continue the same in
force: "Therefore,

Resolved by the Senate and Mouse of Representatives of the United
States of America in Congress assembled, That notice be given of the
termination of the Reciprocity Treaty, according to the provision therein
contained for the termination of the same; and the President of the
United States is hereby charged with the communication of such notice
to tb? government of the United Kingdom of Great Britain and Ireland*

Approved, January IS, 1865.

Jan. U, 1885* pfo, 7.J A' Resolution to present the Thanks of Congress to Brevet Major-General Alfred

H. Terry, and the Officers ana Men under Ids Command*

Resolved by the Senate and Bouse of Representatives of the United
Thanks to States of America in Congress assembled, That the thanks of congress are
ESSil^S herebv presented to Brevet Major-General Alfred H. Terry, and to the
&c. ' officers and men under his command, for the unsurpassed gallantry and

skill exhibited by them in the attack upon Fort Fisher, and the brilliant
and decisive victory by which that important work has been captured from
the rebel forces and placed in the possession and under the authority of
the United States ; and for their long and faithful services and unwaver-
ing devotion to the cause of the country, in the midst of the greatest
difficulties and dangers.
Oomtnunlca- Sec. % And be it feriher resolved, That the President of the United
tion of resolution. gtates be> ^ he fc ereb y ^ requested to communicate this resolution to

General Terry, and through him to the officers and soldiers under his

command.
Approved, January 24, 1865.

Jan, 24, 18S5. [No. 8.] A Resolution tendering ike Thanks of Congress to Rear-Admiral David 2>. Per*

' ter, and to the Officers, Petty Officers, Seamen, and Marines under his Command, fir

their Gallantry and good Conduct in the recent Capture of FortJRsher.

Resolved by the Senate and House of Representatives of the United
Thanks to States of America in Congress assembled, That the thanks of congress are
Pttrt^&cj** 1 hereby presented to Bear-Admiral David D. Porter, and to the officers,
' petty officers, seamen, and marines under his command, for the unsur-

passed gallantry and skill exhibited by them in the attacks upon Fort
Fisher, and the brilliant and decisive victory by which that important
work has been captured from the rebel forces and placed in the possession
and under the authority of the United States; and for their long and faith-
ful services and unwavering devotion to the cause of the country in the
midst of the greatest difficulties and dangers*

THIRTY-EIGHTH CONGRESS* Sess. IL Res* 9 1O } 11/12. 1865. 567

Sec. 2* And be it farthSr fetched. That the President of the United CommonicatioD
States be requested to communicate this resolution to Admiral Porter, of resolution,
and through him to the officers, seamen, and marines under his command. •

Approvbp, January 24, 1865,.

[No, 9«] Joint Resolution authorizing the Secretary of the Treasury to give the necessary ^ Jan, 25 1905,

Notice sttpxdcOedpending the Intention of the United States to purchase the Building knoum ■ 4

as Merchants' M&hange, Neu> York City, now wed for Custom-ffouse Purposes,

Be it resohed by the Senate and Bouse of Representatives of the United
States of America in Congress assembled, That the Secretary of the Notice to
Treasury be, and ho 5s hereby, authorized to give notice to the owners of JJJ^t ^ Je>
the building in New York city known as the Merchants' Exchange, and change in New
occupied as a custom-house, of the intention of Hie United States to pur* York,
chase the same, for the sum of one million dollars, in accordance with the
terms stipulated in the existing lease of the property to the government

Approved, January 25, 1865.

i

[No. 10<1 Joint Reeotutton reserving Mineral Lands from {he Oneratiortof iMActs^passed j aat 39 *

at the first Session of the Thirty-eighth Congress, granting Lands, or extending the Time of — —

former Grants*.

Be it resolwtf by the Senate and Bouse of Representatives of ike United
States of America in Congress assembled, That no act passed at the first f lands

session of the thirty-eighth congress, granting lands to states or corpora- to states or cor-
tions, to aid in the construction of roads or for other purposes, or to Sd^nu^J
extend the time of grants heretofore made, shall be so construed as to lands,
embrace mineral lands, which in all cases shall *be, and are, reserved ex-
clusively to the United States, unless otherwise specially provided in the
act or acts making the grant

Approved, January 80, 1865.

[No. 11.] A Resolution submitting fa the Legislatures of the several States a Proposition Feb. 1, 1865*

to amend the Constitution of the Omted Stales, < 1

Resohed by the Senate and Bouse of Representatives of the United

States of America in Congress assembled, (two thirds of both Bouses con-

curving,) That the following article be proposed to the legislatures of proposed >

the several states as an amendment to the constitution of the United amendmentof

States, which, when, ratified by three fourths of said legislatures, shall be con8tltati0tt -

valid, to all intents and purposes, as a part of the said constitution,

namely : —

Article XIII.

Section 1. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been (duly convicted,
shall exist within, the United States, or any place subject to their juris-
diction. .

Section 2. Congress shall have power to enforce this article by appro-
priate legislation.
Approved, February 1> 1865.

[No. 12.] Joint Resolution declaring certain States not entitled to Representation in the Feb. 8, 1865.

Electoral College, ■ ■— —

Whereas the inhabitants and local authorities of the States of Virginia, Preamble.
North Carolina, South Carolina, Georgia* Florida, Alabama, Mississippi,
Louisiana, Texas, Arkansas, and Tennessee rebelled against the govern-
ment of the United States, and were in such condition on the eighth day
of November, eighteen hundred and sixty-four, that no valid election for
electors of President and Vice-President of the United States, accord-
ing to the constitution and laws thereof, was held therein on said day :
Therefore,

Be it resohed by the Senate and Bouse of Representatives of the United

568 THIRTY-EIGHTH CONGRESS. Sess. H. Re& 13, H 15* 1865

Certain states States of America in Congress assembled, That the states mentioned in the
elared^oten- 6 " P ream ^ e to this joint resolution are not entitled to representation in the
titled to represexi- electoral college for the choice of President and Vice-President of the
tatfon in the eleo United States, for the term of office commencing on the fourth day of
college. March, eighteen hundred and sixty-five; and no electoral votes shall be
received or counted from said states concerning the choice of President
and Vice-President for said term of office*
Approved, February 8, 1865.

Feb. 9, 1865. [No. 18.] Joint Resolution to terminate tfie Treaty of eighteen hundred and seventeen} regu-

ktting the naval Force on the Lakes.

Preamble. Whereas the United States, of the one part, and the United Kingdom
Vol viii p.23L of Great Britain and Ireland, of the other part, by a treaty hearing date
- April, eighteen hundred and seventeen, have regulated the naval force
upon the lakes, and it was further provided that " if either party should
hereafter be desirous of annulling this stipulation and should give notice
to that effect to the other party, it shall cease to .be binding after the ex* -
piration of six months from the date of suc*h notice;" and whereas the
peace of our«frontier is now endangered by hostile expeditions against the
commerce of the lakes, and by other acts of lawless persons, which the
naval force of the two countries, allowed by the existing treaty, may be
insufficient to prevent ; and whereas, further, the President of the United
States has proceeded to give the notice required for the termination of the
treaty by a communication which took effect on the twenty-third Novem-
ber, eighteen hundred and sixty-four : Therefore,

Be it resolved by the Senate and Home of Representatives of the United
Notice to ter- States of America in Congress assembled, That the notice given by the
rerf^^th 6 *^ President of the United States to the government of Great Britain and
l^^Jforw on Ireland to terminate the treaty of eighteen hundred and seventeen, regu-
the lakes. lating the naval force upon the lakes, is hereby adopted, and ratified as .if

the same had been authorized by congress.
App&oved, February 9, 1865.

Feb. 0, 1865. [No. 14.] Joint Resolution tendering the phonics of Congress to Major-General Philip H.
i — Siieridan and the Officers and Men tmder his Command*

Be it resolved by the Senate and House of Representatives of the United
Thanks to States of America in Congress assembled, That the thanks of congress are
SherS^^d his herebv tendered to Major-General Philip H. Sheridan and to the officers
officers andmeiw m & men under his command, for the gallantry, military skilL and courage

displayed in the brilliant series of victories achieved by them in the valley
of the Shenandoah, and especially for their services at Cedar Run, on the
nineteenth day of October, eighteen hundred and sixty-four, which re
trieved the fortunes of the day, and thus averted a great disaster.
Resolution to Sec. 2. And be it further resolved, That the President of the United
t* oommuni- States be, and hereby is, requested to communicate this resolution to

Major- General Sheridan, and through him to the officers and* soldiers
under his command.*
Approved, February 9, 1865.

Feb. 14, 1865. [No. 16.J A Resolution providing for the Compilation of a. Congressional Directory at each

Session.

Resolved by the Senate and Jflouse of Representatives of the United
Congressional States of America in Congress* assembled, That the Congressional Direc-
Wreoto| y < ' tory be compiled under the direction of the joint committee on public

printing, and published by the superintendent of public printing — the first
edition for each session to be ready for distribution within one week ajfter
the commencement thereof.
Approved, February 14, 1865. *

*

THIRTY-EIGHTH CONGRESS. Ssss* IL Res. 16, 17, 18, 19. 1865. So9

[No. lfc] A Resolution appointing General Richard Ddajidd to be a Regent of iha Smith* ffeb* 14, 186&.

SOIUOn Institution, '

Resolved by ike Senate and Mouse of Representatives of the United
States of America in Congress assembled. That Richard Delafleld, resident General Rich-
of Washington city, be, and he hereby is, appointed a. regent of the Sb?^«^f«f
Smithsonian Institution, in the place of Joseph G. Totten, deceased. Smithsonian In-

Approved, February 14, 1865. stftotion.

[No. 17.] A Resolution to extend the Tms fir the Reversion to the United States of the Feb. 17, 1886.

jpands granted by Congress to aid in the Construction of a Railroad from Pere Marquette — —
to FUnt, and fir the Completion of said Road,

Resolved by ike Senate and Bouse of Representatives of the United

States of America in Congress assembled, That the time specified in the Time for reyer-

fourth section of the act of congress approved June three, eighteen hun- ffc^^JJj^
dred and fifty-six, entitled " An act making a grant of alternate sections lands in Michigan
of the public lands to the State of Michigan to aid in the construction of granted to rail-"

certain railroads in said state, and for other purposes," for the reversion raad * extended *
to the United States of the lands granted by said act to aid in the con- § ^ 856 '
struction of a railroad from Pere Marquette to Flint, and for the comple- Vol. zL p. 22.
tion of said road, be, and the same is hereby, extended for the term of
five years. " 1
Approved, February 17, 1865.

[No. 18.] Joint Resolution to enable {he Secretary of (he Treasury to obtain the Title to Feb. 28, 1885.

certain Property in Carson C&y and State of Nevada, fir the Purposes of a Branch Mint

located in said Place*

Whereas the Secretary of the Treasury of the United States, in order Preamble,
to carry into effect an act entitled "An act to establish a branch mint of
the United States in the Territory of Nevada, 19 approved March third,
eighteen hundred and sixty-three, has purchased of Moses Job and 1868, ch. 98.
Margaret, his wife, and James L. Riddle, the prompters and occupants Vol. xii. p. 770.
thereof, certain city or town lots in said Carson City, together with all
the valuable improvements thereon ; and whereas it is highly impor-
tant for the interest of the government to obtain, at an early day, the
use and possession of said property, to establish and open said branch
mint: Therefore,

Resohed by ike Senate and House of Representatives of ike United
States of America in Congress assembled. That the Secretary of the Tide to certain
Treasury be, and he is hereby, authorized to receive and accept from said «»l estate in
Moses Job and Margaret, his wife, and James L. Riddle, such relinquish- ^ a

ments and conveyances of their right and claim to said lots and property branch mint
as he, the said Secretary," shall deem sufficient for the extinguishment of
any claim, right, or title which the said Moses Job and Margaret, his wife,
and James L. Riddle may or can have thereto; and said lots and prop-
erty shall thereafter be reserved from public sale, preemption, or home*
stead settlement, and shall remain the property of the United States*

Approved, February 28, 1865.

#

[No. 19.] Joint Resolution to faaUtcOe the A^ Feb. 28, 1865.

Colonization Society fir the Support o/recaptiured Africans in Liberia. ■

Re it resohed by the 'Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the In- Accounts of
terior be, and is hereby, authorized and directed to adjust and settle the £ e . A f
accounts of the American Colonization Society for the support of recap- SetytobTad-
tured Africans in Liberia, under contracts made for that purpose under justed,
the authority of the act of congress approved June sixteenth,* eighteen i860, ch.m
hundred and sixty, on the principles of equity. Vol. &ii p. 40.

Approved, February 28, 1865*

48 •

570 THIRTY-EIGHTH CONGRESS. Sess. H. "Ees. 20,-25, 24, 25. 1865.

Feb. 25, 1865. [No. 20.1 Joint Resolution directing the Secretary of the Treasury to issue American Regis*
ten to British Schooners "Minnie WtWams" and U E. M. Baxter.* 9

%

Be it resolved by the Senate and House of Representatives of the United
Besfeteroto States of America in Congress assembled. That the Secretary of the
schooners "Min- Treasury is hereby authorized and directed to issue American registers
nie Williams," to the British-built schooners " Minnie Williams " and " E. M. Baxter,"
and M E. M. Bax- fia y[ vessels being now owned by a citizen of Buffalo, New York*

Approved, February 25, 1865.

Feb. 28, 1865. [No. 28.] Joifd Resolution in Relatim to the 1^

. Be it resolved by the Senate and House of Representatives of ike United
Distribution of States of America in Congress assembled, That the undistributed portions
certain books and of the books and documents heretofore printed or purchased for its use by
documents. order of either house of congress, previous to the thirty-seventh congress,

and now deposited in the Interior Department and elsewhere, be distrib-
uted to members of the present congress, under the direction of the
joint committee on printing ; and said committee is hereby directed tc
divide the books in question into parcels equal in number to the whole
number of senators, representatives, and delegates from territories, and
as nearly equal in value and importance as possible, and to distribute
them to the senators, representatives, and delegates by such method as
may be found most* feasible and proper*
Approved, February 28, 1865.

[No. 24.J Joint Resolution to provide fir the Publication of a fill Army Register*

Be it resolved by the Senate and House of Representatives of the United
Stales of America in Congress assembled, That the Secretary of War be,
and he is hereby, authorized and required to cause to be printed and pub-
lished a full roster or roll of all general, field, line, and staff officers of
volunteers who have been in the army of the United States at any time
since the beginning of the present rebellion, including all informal organ-
izations which have been recognized or accepted and paid by the United
States, showing whether they are yet in the service, or have been dis-
charged therefrom, and giving casualties and other explanations proper *
for such register. And, to defray in whole or in part the expenses of
this publication, an edition of twenty-five thousand copies of such enlarged
register shall be published and may be sold to officers, soldiers, or citizens,
at a price which shall not more than cover the actual cost of paper, print-
ing, and bin ding, "and shall not in any case exceed one dollar per volume.

Approved, March 2, 1865.

March % 1865.

FuUarmr
register to be
published.

Copies may be
■old.

March 2, 1865* [No. 25.] Joint Resolution authorizing a Contract tilth WMiam H. Powell fir a Picture
■ fir the Capital*

Be it resolved by the Senate and House of RepresentoU^es of ike United *
Contract with States of America in Congress assembled, That the joint committee on the
William H. Pow- library be, and they are hereby, directed' to enter into a contract with
ell for picture. William H# p 0TWS ll, of the State of Ohio, to paint a picture for the United

States, to be placed at the head of one of the grand staircases in the
Capitol, illustrative of some naval victory ; the particular subject of the
Expense not to painting to be agreed on by the committee and the artist : Provided, That
exceed $35,000. tne entire expense of said picture shall not exceed twenty-five thousand
Mode of pay- dollars, and two thousand dollars shall be paid to said William H. Powell,
ment * in advance, to enable him to prepare for the work, the remainder of said

instalments at intervals of not less than one year, the last instalment to
be retained until the picture is completed and put up.
Approved, March 2, 1865.

THIRTY-EIGHTH CONGRESS. Sess. II. Ees. 27, 28, 29, 30. 1865. 571

[No. 27.] A Resolution to encourage the Employment of disabled and discharged Soldiers. March 3, 18SS.

Resolved by the Senate and House of Representatives of the United
States of Americaj in Congress assembled, That persons honorably dis- Preference in
charged from the military or naval service by reason of disability result- cr^^ffiSwtobe
ing from wounds or sickness incurred in the line of duty, should be pre- giveo to disabled
ferred for appointments to civil offices, provided they* shall be found to and discharged
possess the business capacitv necessary for the proper discharge of the 80 T8#
duties of such offices.

Sec. 2. And be it further resolved That, in grateful recognition of General pref*
the services, sacrifices, and sufferings of persons honorably discharged J^dedT
from the military and naval service of the country, by reason of wounds,
disease, or the expiration of terms of enlistment, it is respectfully recom-
mended to bankers, merchants, manufacturers, mechanics, farmers, and
persons engaged in industrial pursuits, to give them the preference for
appointments to remunerative situation^] and employments.

Approved, March 8, 1865.

[No. 28.} Joint Resolution of Thanks to Major- General George £T. Thomas, and the Army March 3, 1885.

under his Command* . '

Be it resolved by ike Senate and House of Representatives of the United
States of America in Congress assembled, That the thanks of congress- Thanlu of con-
are due, and are hereby tendered, to Major-General George H. Thomas g^^J xj&maa,
and the officers and soldiers under his command for their skill and daunt- &c.
less courage, by which the rebel army under General Hood was signally
defeated and driven from the State of Tennessee. .

Approved, March S, 1865*

[No. 29.] A Resolution to encourage Enlistments and to promote the Efficiency of the March 3, 1865.

military Forces of the United States* '

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled That, for the purpose of encour- Wife and chii-
aging enlistments and promoting the efficiency of the notary and naval MSStEi
forces of the United States, it is hereby enacted that the wife and children, military or naval
if any he have, of any person that has been, or may be, mustered into 'the 8erv * ee to bo free,
military or naval service of the United States, shall, from and after the
passage of this act, be forever free, any law, usage, or custom whatsoever
to the contrary notwithstanding ; and in determining who is or was the Evidence of
wife and who are the children of the enlisted person herein mentioned, maraae** &c *
evidence that he and the woman claimed to be his wife have cohabited
together, or associated as husband and wife, and so continued to cohabit or
associate at the time of the enlistment, or evidence that a form or cere-
mony of marriage, whether such marriage was or was not authorized or
recognized by law, has been entered into or celebrated by them, and that
the parties thereto thereafter Eved together, or associated or cohabited as
husband' and wife, and so continued to live, cohabit, or associate at the
time of the enlistment, shall be deemed sufficient proof of marriage for
the purposes of this act, and the children born of any such marriage shall
be deemed and taken to be the children embraced within the provisions of
this act, whether such marriage shall or shall not have been dissolved at
the time of such enlistment.

Approved, March 3, 1865.

[No. 80.1 A Resolution to authorize and direct an Inventory of Articles in the Quarter' March 3, 1865*

masters Depots of the United States, and in the Possession of the Naval Storekeepers of

the United States.

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of War Inspection to
be, and is hereby, directed to cause a strict inspection to be made of the j^^*^ 3£f
quartermaster's department, as soon as practicable after the passage of this paitment

572 THIRTY-EIGHTH CONGRESS. Sflft. It Resv 31, 82, S3. 1865

resolution, and a comparison to be made between the reports of the offi
cers in charge of the quartermaster's depots at New York, Philadelphia,
Cincinnati^ Saint Louis, and Louisville, and the articles on hand.

Sec. 2* And be it /farther resolved. That the Secretary of the Navy, in
like manner, be directed to cause an inventory to be made of all the prop-
erty of the United States, in possession of the several naval storekeepers
of the United States.
Approved, March 3, 1865.

March 3» X865* [No. 81.1 A Resolution nfating to International Exhibitions at Bergen, in Norway t and

Opofty 4n Portugal, aunng the Summer of eighteen hundred and sixty-Jive,

Preamble. Whbbeas the governments of the kingdom of Sweden and Norway,
and of the kingdom of Portugal, have communicated to the* government
of the United States the programmes of two international exhibitions
to be held respectively at Bergen, in Norway, and at Oporto, in Portugal,
during the summer of eighteen hundred and sixty-five: Therefore,

Resohed by the Senate and Home of Representatives of the United
mVwh^T 1 States of America in Congress assembled, -That the President of the
^^^°Norway, United States is hereby charged with the duty of making known to
and Oporto, Fort^ the people of the United States, by proclamation, or otherwise, as shall
"8**- to him seem best, the facts in his possession relating to the international

exhibitions proposed to be held at Bergen, Norway, and Oporto, Portu-
gal, during the summer of eighteen hundred and sixty-five, and of inviting
Proviso. their participation therein : Provided, That no expense shall be incurred
for any agency with regard to such exhibition ; nor shall any claim of any
agent of our government be hereafter recognized.
Approved, March 3, 1865.

Comparison
between reports

and articles on
hand.

Inventory of
property in pos-
sess ton of naval
storekeepers.

March 8, 1B6S. [No. 82.] Join* Resolution to amend the joint Resolution entitled "Joint Resolution in Rda-
Vol.xu.pTu7. *° P^bUe Printing, 9 * approved June Uoenty-third, eighteen hundred and sixty.

Be it resolved by the Senate and House .of Representatives of the United
Paper for print* Skates of America in Congress assembled, That the superintendent of
ing^fowpiir- public printing shall be, and he is hereby, authorized to purchase the

paper required for the public printing by accepting the sealed proposals
of the lowest bidder or bidders for any specific portion or portions of the
whole 'amount of any particular kind of paper required, for either three
months, six months, or one year, the minimum portion to be specified by
the superintendent in his advertisement for proposals, and to be as low as
will, in his judgment, most increase competition, and be most advantageous
to the United States. In all other respects the proposals and contracts
shall be subject to the conditions and requirements of the existing law ;
and any contractor failing to comply with the terms of his contract, under
this resolution, shall be liable to the same extent, and in the same manner
as provided in the like case in the joint resolution hereby amended ; and
it shall be the duty of the superintendent to report fully in regard to all
proposals and contracts for paper in his annual report to congress, and

also in regard to all proposals and contracts for lithographing and engrav-
ing.

Appboved, March 3, 1865.

March 8, 1865. [No. 88.] A Resolution directing Inquiry into the Condition of the Indian Tribes, and their
Treatment by the CivU and Military Authorities.

Resolved by the Senate and House of Representatives of the United States
Joint commit- of America tn Congress assembled, That there be raised a joint committee,
^ n on f t ^ e < ^ ndi * to consist of three members of the Senate, to be appointed by the president
dian tribes, of the Senate; and four members of the present House, to be appointed by
Duties and the speaker of the House of Representatives, to" inquire into the present
powers. condition of the Indian tribes, and especially into' the manner in which

they are treated by the civil and military authorities of the United States,

THIRTY-EIGHTH CONGRESS. Sess. II. Res/ 34, 35, 86. 1865. 573

with power to sit during the recess of congress $ to send for persons and
papers ; to employ a clerk, to subpoena or compel tbe attendance of wit-
nesses ; to hear die complaints of Indian chiefs, and examine fully into
the conduct of Indian agents and superintendents, and also into die man-
agement of the/bureau of Indian affairs in the Department of the Interior ;
and to report at the next session of congress such legislation as may be Beport.
necessary for the better administration of Indian affairs ; and that there Appropriation,
be, and is hereby, appropriated out of any money in the treasury not other-
wise appropriated, the sum of fifteen thousand* doUars to defray the ex-
penses of die same.
Appbovbd, March 3, 1865.

(No. 84.] A Resolution to extend ike Time Jbr constructing the BurUtigton and Missouri March 3, 1869.

River Railroad, in Iowa, ana filing a Map ofRelocaliotu r-

Resohed by the Senate and Borne of Representatives of the United States
of America tn Congress assembled, That die time allowed by the eighth Time for con-
section of die act entitled M An act to amend an act entitled * An act mak- HngtonfndMte-
ing a grant of lands to the State of Iowa, in alternate sections, to aid in souri Hirer Bail-
the construction of certain railroads in said state, 9 approved May fifteenth, j^r*^
eighteen hundred and fifty-six," for the construction annually of sections ^ ^
of twenty miles each of die Burlington and Missouri River railroad, be, Vot ±L p. 8.
and the same is hereby, extended one year, and that the provision of die 1864, ch. 103.
second section of the act approved first of July, eighteen hundred and sixty* § „
four, entitled a An act to regulate the compensation of registers and re- ^
ceivers of the land-offices in the several states and territories in die loca- § 2.
tion of lands by the states and corporations under grants by congress," -Ante, p. 885.
which requires that a map of the change of location shall be filed with die
Commissioner of the general land-office within one year, be, and the same
is hereby, repealed.

Approved, March 3, 1865. '

^^^^^^^^^^^^^

*

[No. 85.] A Resolution transferring Maps and other Documents relating to the Surveys of March 8, 1865.

the Pacific Railroad to the Department of the Interior. '

Resohed by the Senate and House of Represenftttives of the United States
of America in Congress assembled, That all maps, profiles, and other draw- Department©*
ings, together with estimates and reports connected with explorations and the interior to
Surveys for the Pacific Railroad, made under the authority of the govern- §£^sii™e^
ment, and all other information upon the subject of said road in tike pos- fbrPacific Bail-
session of any department of the government, be transferred to the Depart-
ment of the Interior ; and that the Secretary of the Interior be authorized Copies to be
to furnish copies of die same, free of charge, to die Union Pacific Railroad ft* ™ 1 **-
Company, so far as they may be useful in aiding said company in deter-
inining die proper route for said road.

Appro ved, March 8, 1865*

ftfo. 86.] A Resolution respecting the Publication of the Papers of James Madison. March 8, 1865.

Whereas the joint committee of the two houses of congress on tbe Preamble,
library were authorized by an act ^approved August 18th, 1856, and 1856, ch. 163.

amended June 25th, 1860, to cause to bo printed and published one thou- VoL xtp. 117.

sand copies of the paper* of James Madison ; and whereas the sum ap- v2^^J!&

propriated for such purpose has been found insufficient : Therefore, *

Resofved by the Senate and Borne qf Representatives of the United States

4f "America tn Congress assembled, That die said joint library committee of
are hereby authorized to contract for the publishing of five hundred copies MftdlS011 w**-
of said papers, in lien of the one thousand copies heretofore authorized,
and for the same sum.

Approved, March 8, 1865. ..

574 THIRTY-EIGHTH CONGRESS* Sess, IL Res. 87. 1865*

* March 8, 1855. fNo. 87.] A Resolution to-pwrchase Mail Pouches or Boxes of Marshall Smith's Paten*

fir ike Posted Service, and fir other Purposes*

Resolved by the Senate and Mouse of Representatives of the United States
Mail-poraches, of America m Congress assemUedy That the Postmaster-General be, and
Smi^s Mtoit te nere ^7> authorized to purchase of Marshall Smith such number of
may be bought mail pouches or boxes (constructed on the principle of letters-patent issued
for postal sendee. April twenty-eight, eighteen hundred and sixty-three, and May seventeen,

eighteen hundred and sixty-four, to said Smith) as he may deem proper
to fully test their utility and value in the postal service $ and also to test
a new mode of fastening mail-hags, invented by Solomon Andrews, and to
secure a patent for the same, and that the expense thereof shall be paid
out of any appropriation heretofore made or hereafter to be made to the
Post-Qffice Department
Approved* March 8, 1865.

Patent for
fastening 1 mail-

APPENDIX.

No. 1.

B»pt. 94, 1868. BY THE PRESIDENT OF THE UNITED STATES OP AMEBIC At

A PROCLAMATION.

Preamble.* Whbbeas, it has become necessary to call into service not only volunteers
but also portions of the militia of the states by draft in order to suppress the
insurrection existing in the United States, and disloyal persons are not ade-
quately restrained oythe ordinary processes of law from nindering this meas-
ure and from giving aid and comfort in various ways to the insurrection :
Rebels and Now, therefore, be it ordered, First —That during the existing insurrection and
their abettors as a necessary measure for suppressing the same, all rebels and insurgents, their
TT^tftdStflka to a * < * effB an( * abettors within the United: States, and all persons discouraging vol-
besuMec? to unteer enlistments, resisting militia drafts, or guilty of any disloyal practice,
martial law. affording aid and comfort to rebels against the authority of the United States,

shall be subject to martial law and liable to trial and punishment by courts-
martial or military commissions :
Habeas corpus Second. — That the writ of habeas corpus is suspended in respect to all per-
8uspended as to sons arrested, or who are now, or hereafter during the rebellion shall be, un-
certain persons, pj^jne^ m any fort, camp, arsenal, military prison, or other place of confine-
ment by any military authority or by the sentence of any court-martial or mili-
tary commission*

In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington, tins twenty-fourth day of September,
[l. s.] in the year of our Lord one thousand eight hundred and sixty-two,
and of the Independence of the United States the eighty-seventh.

ABRAHAM LINCOLN.

By the President :

William H. Sbwabd, Secretory of Stale*

No. 2.

April 8, im. BT THE PRESIDENT OP THE UNITED STATES OF AMERICA :

A PROCLAMATION.

Preamble. WpKRBAS, in pursuance of the act of congress, approved Jurjr 18, 1861, 1
did, by Proclamation dated August 16, 1861, declare that the inhabitants of the
1861, ch. 3. States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Ala-
VoL xuV p. 257. bama, Louisiana, Texas, Arkansas, Mississippi, and Florida, (except the inhabit-

APPENDIX. 781

tents of that part of Virginia lying west of Hie Alleghany Mountains and of each
other parts or that state and the other states hereinbefore named as might main- Vol. xtt. p. 1262.
tain a legal adhesion to the Union and the Constitution, or ought be, from time
to time, occupied and controlled by forces of the United States engaged in the
dispersion of said insurgents), were in a state of insurrection against the United
States, and that all commercial intercourse between the same and the inhabitants
thereof with the exceptions aforesaid, and the citizens of other states and other
parts of the United States was unlawful, and would remain unlawful, until such
insurrection should cease or be suppressed, and that all goods and chattels, wares
and merchandise, coining from any of said states, with the exceptions aforesaid,
into other parts of the United States, without the license and permission of the
President, through the Secretary of the Treasury, or proceeding to any of said
States, with the exceptions aforesaid, by land or water, together with the vessel
or vehicle conveying the same to or from said states, with the exceptions afore-
said, would be forfeited to the United States :

And whereas, experience has shown that the exceptions made in and by said
Proclamation embarrass the due enforcement of said act of July 18, 1861, and
the proper regulation of the commercial intercourse authorized by said act with
the loyal citizens of said states :

Now, therefore, I, Abraham Lincoln, President of the United States, do Exceptions in
hereby revoke the said exceptions, and declare that the inhabitants of the States proclamation re-
of Georgia, South Carolina, North Carolina, Tennessee, Alabama, Louisiana, i^bitants of
Texas, Arkansas, Mississippi, Florida, and Virginia, (except the forty-eight conn* certain slates
ties of Virginia designated as West Virginia, and except, also, the ports of New declared to be
Orleans, Key West, Port Royal, and Beaufort in North Carolina,} are in a state in insurrection,
of insurrection against the United States; and that all commercial intercourse not Commercial
licensed and conducted as provided in said act between the said states and the intercourse pro-
inhabitants thereof, with the exceptions aforesaid, and the citizens of other states ¥? itedl esee P t »
and other parts of the United States, is unlawful, and will remain unlawful, until
such insurrection shall cease or has been suppressed, and notice, thereof has been
duly given by Proclamation ; and all cotton, tobacco, and other products, and all Cotton and
other goods and chattels, wares and merchandise, coming from any of said states, ^h« f J^^^»>
with the exceptions aforesaid, into other parts of the United States, or proceed- ^gJ? 1 ^ 9 ^
ing to any of said states, with the exceptions aforesaid, without the license and >
permission of the President, through the Secretary of the Treasury, will, together
with the vessel or vehicle conveying the same, be forfeited to the United States*

Li witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington, tins second day of April, A. IX eighteen
[l. a.] hundred and sixty-three, and of the Independence of the United
States of America the eighty-seventh.

ABRAHAM LINCOLN.

By the President :

William H. Seward, Secretary of State.

2*ov 3.

BX THE PRESIDENT OP THE UNITED STATES OF AMERICA: April 20,1863,

A PROCLAMATION.

Whbbbas, by the adt of congress approved the 31st day of December, last, Preamble,
the State of West Virginia was declared to he one of the United States of igekeh «.
America, and was admitted into the Union on an equal footing with the original VoLadJ. n, 688.
states in all respects whatever, upon the condition that certain changes should
be duly made in the proposed constitution for that state :

And whereas proof of a (compliance with that condition, as required by the
second section of the act aforesaid, has been submitted to me:

Now, therefore, be it known, that I, Abraham Lincoln, President of the Act admitting
United States, do hereby, in pursuance of the act of congress aforesaid, declare ^jst Virginia as
and proclaim that the said act shall take effect and be in force from and after &!? in
sixty days from the date hereof: * &™from%.

732 APPENDIX.

In witness whereof, I bave hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington, this twentieth dajr of April, in the year
[i* s.] of our Lord one thousand eight hundred and sixty-three, and of the
Independence of the United States the eighty-seventh,

ABRAHAM LINCOLN.

By the President :

William H. Sewakd, Secretary of State.

No,. 4.

May *i im - BY THE PRESIDENT OP THE UNITED STATES OP AMERICA:

A PROCLAMATION*

Preamble. Whereas, The congress of the United States at its last session enacted a
1863, en. 75. law entitled " An act for enrolling and calling ou* the national forces, and for
Vol. xiL p. 731* other purposes," which was approved on the 3a day dfjtfarch last ; and

Whereas, It is recited in the said act that there now exists in the United
States an insurrection and rebellion against the authority thereof, and it is, under
the Constitution of the United States, the duty of the government to suppress
insurrection and rebellion, to guarantee to each state a republican form of
government, and to preserve the public tranquillity; and

Whereas, For these high purposes a military force is -indispensable, to raise
and support which all persons ought willingly to contribute ; and

Whereas, No service can be more praiseworthy and honorable than that which
is rendered for the maintenance of tjie Constitution and Union, and the conse-
quent preservation of free government; and

Whereas, For the reasons thus recited, it was enacted by the said statute that
all able-bodied male citizens of the United States and persons of foreign birth
who shall have declared on oath their intention to become citizens under and
in pursuance of the laws thereof, between the ages of twenty and forty-five
* years, (with certain exceptions not necessary to be here mentioned,) are de-
clared to constitute the national forces, and shall be liable to perform military
duty in the service of the United States, when called oat by the President for
that purpose; and

Whereat, It is claimed by and in behalf of persons of foreign birth within the
ages specified in said act who have heretofore declared on oath their intentions
to become citizens under and in pursuance of the laws of the United States, and
who have not exercised the right of suffrage or any other political franchise
under the laws of the United States, or of any of the states thereof, that they
. are not absolutely concluded by their aforesaid declaration of intention from re-
nouncing their purpose to become citizens, and that, on the contrary, such per-
sons under treaties or the law of nations retain a right to renounce that purpose
and to forego the privileges of citizenship and residence within the United States
under the obligations imposed by the aforesaid act of congress :

hereby order and proclaim that no plea of alienage
ceived or allowed to exempt from the obligations imposed by the aforesaid act
of congress, any person of foreign birth who shall have declared on oath his in-
tention to become a citizen of the United States under the laws thereof, and who
shall be found within the United States at any time during the continuance of
the present insurrection and rebellion, at or after the expiration of the period of
sixty-five days from the date of this Proclamation, nor shall any such plea of
alienage be allowedrin favor of any such person who has so, as aforesaid, declared
his intention to become a citizen of the United States, and shall have exercised
at any time the right of suffrage, or any other political franchise, within the United
States, under the laws thereof, or under the laws of any of the several states.

In witness whereof I have hereunto set my hand, and caused the seal of the
United States to be affixed.

APPENDIX. * m

Done at the city of Washington, this eighth day of May,, in the year of
&] our Lord one thousand eight hundred and sixty^hree, and of the In-
dependence of the United States the eighty-seventh.
v ABRAHAM LINCOLN.

By Hie President:

William H. Seward, Secretary of State*

No. 5.

BY THE PRESIDENT OF THE UNITED STATES OP AMERICA: June 15, 1863.

A PROCLAMATION*

>

Whereas, the armed insurrectionary combinations now existing in several Preamble,
of the states are threatening to make inroads into the States of Maryland,
Western Virginia, Pennsylvania, and Ohio, requiring immediately an additional
military force for the service of the United States : 4

Now, therefore, I, Abraham Lincoln, President of the United States and .One hundred
Commander-in-Chief of the Army and Navy thereof, and of the militia of ^SSroto^*
the several states when callecpnto actual service, do hereby call into the ser- yfafa ^fc
vice of the United States one hundred thousand militia from the slates fol- months, unless,
lowing, namely: from the State of Maryland, ten thousand,* from the State of kfloiD-
Fennsylvania, fifty thousand; from the State of Ohio, thirty thousand: from the Maryland. ,
State of West Virginia, ten thousand, to be mustered into the service of the qSo^
United States forthwith, and to serve for the period of six months from the date Virginia
of such muster into said service, unless sooner discharged ; to be mustered in How to ba-
as infantry, artillery, and cavalry, in proportions which will be made known mustered*
through the War Department, which department will also designate the several ,^J*^ ofwn "
places of rendezvous. These militia to he organized according to the rules and Howorganized,
regulations of the volunteer service and such orders as may hereafter be issued, States robe
The states aforesaid will be respectively credited under the enrolment act for credited,
the militia services rendered under this proclamation.

In testimony whereof t have hereunto set my hand, and caused the seal of
the United States to be affixed.

Done at the city of Washington this fifteenth dayjof June, in the year
s.] of our Lord one thousand eight hundred and sixty-three, and of the
Independence of the United States the eighty-seventh.

ABRAHAM LINCOLN.

By the President:

William £L Sswabd, Secretary of StaU.

2b. 6*

BJ THE PRESIDENT OF THE UNITED STATES OP AMERICA: Jm, A g, 1863.

A PROCLAMATION.

#

It has pleased Almighty God to hearken to the snppHcaticms and praym of preamble,
an afflicted people, and to vouchsafe to the Army and . the Navy of die united
States victories on land an£ on the sea so signal and so effective as to furnish _
reasonable grounds for augmented confidence that the Union of these states will '
be maintained, their Constitution preserved, and their peace and prosperity per-
manently restored. But these victories have been accorded not without sacrifices
of life, limb, health, and liberty, incurred by brave, loyal, and patriotic citizens.
Domestic affliction in every part of the country follows in the tram of these fear-
ful bereavements. .It is meet and right to recognize and confess the presence
of the Almighty Father and the power of His hand equally in these triumphs
and in these sorrows.

vol. xiii. Tbeat. — 62

784 AftENDIX,

Day of national Now, therefore, he it known that I do set apart Thursday, Hie 6th day of An-
thanksgiving, goat next, to be observed as a day lor National Thanksgiving, Praise, and Prayer,
praise, and prayer and I invite the people of the United States to assemble on that occasion in
appointed. their customary places of worship, and, in the forms approved by their own

consciences, render the homage due to the Divine Majesty for the wonderful
things He has done in the nation's behalf, and invoke the influence of His Holy
Spirit to subdue the anger which has produced and so long sustained a needless
and cruel rebellion, to change the hearts of the insurgents, to guide the counsels
of the government with wisdom adequate to so great a national emergency, and
to visit with tender care and consolation throughout the length and breadth of
our land all those who, through the vicissitudes of marches, voyages, battles, and
sieges, have been brought to suffer in mind, body, or estate, and finally to lead
the whole nation, through the paths of repentance and submission to the Divine
Will, back to the perfect enjoyment of union and fraternal peace*

In witness whereof, I have hereunto set my hand and caused the seal of the
United States to be affixed.

Done at the city of Washington, this fifteenth day of July, in the vear
[l* s.] of our Lord one thousand eight hundred and sixty-three, and of the
Independence of the United States of America the eighty-eighth.

ABRAHAM LINCOLN.

By the President:

William H. Sbwakd, Secretary of State*

No. 7.

Sept 15, 1868. BY THE ^RESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Preamble. Whereas, the Constitution of the United States has ordained that the prm-
1863, di. 81. i 6 ^ 6 °f the writ of habeas corpus shall not be suspended unless when in cases of
VoLxii. p. 756. rebellion or invasion the* public safety may require it ; and whereas, a rebellion

was existing on the third day of March, 1868, which rebellion is still existing;
and whereas, by a statute which was approved on that day, it was enacted by
the Senate and House of* Representatives of the United States, in congress
assembled^ that during the present insurrection the President of the United
States, whenever in his judgment the public safety may require it, is authorized
to suspend the privilege of the writ of habeas corpus in anjrcase throughout the
United States, or any part-thereof; and whereas, in the judgment of the Presi-
dent, the public safety does require that the privilege of the said writ shall now
be suspended throughout the United States in the cases where, by the authority
of the President of the United States, military, naval, and civil officers of the
United States, or any of them, hold persons under their command or in their
custody, either as prisoners of war, spies, or aiders or abettors of the enemy, or
officers, soldiers,' or seamen enrolled or drafted or mustered or enlisted in, or
belonging to, the land or naval forces of the United States, or as deserters there-
from, or otherwise amenable to military law, or the rules and articles of war, or
the rules or regulation^ prescribed for the military or naval services by authority
of the President of the United States, or for resisting a draft, or for any other
offence against the military or naval service :
Now, therefore, I, Abraham Lincoln, President of the United States, do
writ of habeas hereby proclaim and make known to all whom it ma/ concern, that the privilege
oarpussuspenaeo. of the ^ of hftbea8 |g throughout the United States m the

several cases before mentioned, and that this suspension will continue throughout
the duration of the said rebellion, or until this proclamation shall, by a subse-
quent one to be issued by the President of the united States, be modified or
revoked. And I do hereby require all magistrates, attorneys, and other civil
officers within the. United States, and all officers and others in the military and
naval services of the United States, to take distinct notice of this suspension, and
to give it full effect, and all citizens of the United States to conduct and govern

APPENDIX,

786

themselves accordingly, and in conformity with the coiistitution of the United
States and the laws of congress in* such case made and provided.

In testimony whereof I have hereunto set my hand, and caused the seal

of the United States to he affixed, this fifteenth day of September, in
[l. s.] the year of our Lord one thousand eight hundred and sixty-three, and

of the Independence of the United States of America the eighty-

ABBAHAM LINCOLN,

By the President:

William H. Sewabd, Secretary' of State.

No. 8.

BY USE PRESIDENT OF THE UNITED STATES OF AMEJRICA: Sept* 2*, 1868.

A PKOCLAMATION-

Whbbbas,ui my proclamation of the twenty-seventh of April, 1861, the ports Preamble,
of the States of Virginia and North Carolina were, for reasons therein set forth,
placed under blockade ; and whereas the port of Alexandria, Virginia, has since
been blockaded, but as the blockade of said port may now be safely relaxed with
advantage to the interests of commerce :

Now, therefore, he it known that V Abraham Lincoln, President of the gommgcM
United States, pursuant to the authority in me vested by the fifth' section of the ^^^^
act of congress, approved on the 13th of July, 1861, entitled u An act further to jetted, subject,*
provide for the collection of duties on imports, and for other purposes,'* do hereby &c
declare that the blockade of the said port of Alexandria shall so far cease and ch. 3, $ 5-
determine, from and after this date, that commercial intercourse with said port, VoL xii. p. 2571
except as to persons, things and information contraband of war, may from this
date%e carried on, subject to the laws of the United States, and to the limita-
tions and in pursuance of the regulations which are prescribed by the Secretary
of the Treasury in his order which is appended to my proclamation of the 12th
of May, 1862.

In witness whereofj I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington, this twenty-fourth day of September, in
£i» s.J the year of our Lord one thousand eight hundred and sixty-three, and
qf the Independence of the United States the eighty-eighth.

ABRAHAM LINCOLN.

By the President :

William H. Sewabp, Secretary, qf State.

No* 3*

<~ •
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA ? Oct 8, 186*.

A PROCLAMATION.

The year' that is drawing toward its close has. been filled with the blessings Afih<mk _
of fruitful fields and healthful skies. To these bounties, which are so constantly ^ nratee
enjoyed that we are prone to forget the source from which they come, othera?et apart
have been added, which are' of so extraordinary a nature that they cannot fail
to penetrate and soften the heart which is habitually- insensible to the eves-
watchful providence of Almighty God.

In the midst of r civil war of unequalled magnitude and severity, which has
sometimes seemed to foreign states to invite and provoke their aggressions,
peace has been preserved with all nations, order has been maintaine^Tthe laws
have been respected and obeyed, and harmony has prevailed everywhere.

786 APPENDIX.

*

except In the theatre of military conflict ; while that theatre has been greatly
contracted by the advancing armies and navies of the Union.

Needful diversions of wealth and of strength from the fields of peaceful indus-
try to the national defence have not arrested the plough, the shuttle, or the
ship ; the, axe has enlarged the borders of our settlements, and the mines, as
well of iron and coal as of the precious metals, have yielded even more abun-
dantly than heretofore. Population has steadily increased, notwithstanding the
waste that has been made in the camp, the siege, and the battle-field, and the
country, rejoicing in the consciousness of augmented strength and vigor, is per-
mitted to expect continuance of years with large increase of freedom.

No human counsel hath devised, nor hath any mortal hand worked out these
great things. They are the gracious gifts of the Most High God, who, while
dealing with us in anger for our sins, hath nevertheless remembered mercy.

It has seemed to me fit and proper that they should be solemnly, rever-
ently, and gratefully acknowledged as with one heart and one voice by the
whole American people. I do, therefore, invite my fellow-citizens in every
part of -the United States, and also those who are at sea and those who are
sojourning in foreign lands, to set anart and observe the last Thursday of
November next as a Bay of Thanksgiving and Praise to* our beneficent Father
who dwelleth in the heavens. And I recommend to them that, while offering
up the ascriptions justly due to Him for such singular deliverances and blessings,
they do also, with humble penitence for our national perverseness and disobe-
dience, commend to His tender care all those who have become widows, or-
phans, mourners, or sufferers, in the lamentable civil strife in which we are
unavoidably engaged, and fervently implore the interposition of the Almighty
hand to heal the wounds of the nation, and to restore it, as soon as may be con-
sistent with the Divine purposes, to the full enjoyment of peace, harmony,
tranquillity, and anion.

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be aftlxed.

Done at the city of Washington, this third day of October, in the year
[x*. S.] of our Lord one thousand eight hundred and sixty-three, and of the
Independence of the United States the eighty-eighth.

ABRAHAM LINCOLN.

By the President :

WnxiAM H. Seward, Secretary . of State.

No. 10.

Oct 17,1868* BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Preamble. Whsbbas, the term of service of a part of the volunteer forces of the United

States will expire during the coming year; and whereas, in addition to the men
raised by the present draft, it is deemed expedient to call out three hundred
thousand volunteers to serve for three years or the war, not however exceeding
three years :

Three hundred Now, therefore, I, Abba, ff am Lincoln, President of the United States and
™5^ o < * men Commander-in-Chief of the Army and Navy thereof, and of the militia of the

several states when called into actual service, do issue this my proclamation, call-
ing upon the governors of the different states to raise and have enlisted into the
United States service, for the various companies and regiments in the field from
their respective states, their quotas of three hundred thousand men.
Volunteers to I further proclaim that all volunteers thus called out and duly enlisted shall
receive advance receive advance pay, premium, and bounty, as heretofore communicated to the
pay, bounty, &*, governors of states by the War Department, through the provost-marshal gen

eral's office, by special letters,
to be credited 1 further proclaim that all volunteers received under this call, as well as all
to state. others not heretofore credited, shall be duly credited on, and deducted iron), the

quotas established for the next draft

APPENDIX 737

I further proclaim that if any state shall M to raise the quota assigned to it if state fcfls to
by the War Department under this call, then a draft for the deficiency in said raise its quota,
quota shall be made on said state, or on the districts of said state, for their due
proportion of said quota; and the said draft shall commence on the fifth day of anuu
January, 1864.

And I further proclaim that nothing in this proclamation shall interfere with Existing orders
existing -orders, or those which may be issued, tor the present draft in the states not interned
where it is now in progress, or where it has not yet commenced. Wlth *

The quotas of the states and districts will be assigned by the War Depart- Quotas of
ment, through the provost-marshal general's office, cue regard being had for* states and dis*
the men heretofore furnished, whether by volunteering or drafting, ana the re- tricts.
cruiting will be conducted in accordance with such instructions as have been or
may be issued by that department.

In issuing this proclamation, I address myself not only to the governors of .
the several states, but also to the good and loyal people thereof, broking them
to lend their willing, cheerful, ana effective aid to the measures thus adopted,
with a view to reinforce onr victorious armies now in the field, and bring our
needful niilitary operations to a prosperous end, thus closing forever the foun-
tains of sedition and civil war.

In witness whereof 1 have hereunto set my hand, and caused the seal of the
United States to be affixed. . ^

Done at the city of Washington this seventeenth day of October, in the
[l. 8.] year of our Lord one thousand eight .hundred anq sixty-three, and of
the Independence of the United States the eighty-eightn.

' . AH&mOi LINCOLN.

By the President :

Wiixiam H. Sswabd^ Secretary of State.

No. 11.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: P* * 8 > im - }

*P<w^p. 758.

. A PROCLAMATION.

Whbbeas, in and by the Constitution of the United States, it is provided
that the President * shall have power to grant reprieves and pardons for offences Preamble,
against the United States, except in cases of impeachment ;* and

Whereas, a rebellion now exists whereby the loyal state governments of
several states have for a long time been subverted, and many persons have vom-
mitted, and are now guilty of, treason against the United States ; and

Whereas, with reference to said rebellion and treason, laws have been enacted
by congress, declaring forfeitures and confiscation of property and liberation of
slaves, all upon terms and conditions therein stated, and also declaring that the
President was thereby authorized at any time thereafter, by proclamation, to
extend to persons who may have participated in the existing rebellion, in any
state or part thereof, pardon and amnesty, with such exceptions and at such
times and on such conditions as he may deem expedient for the public welfare ;
and

Whereas, the congressional declaration fbr limited and conditional pardon ac-
cords with well-established judicial exposition of the pardoning power ; and

Whereas, with reference to said rebellion, the President of the United States
has issued several proclamations, with provisions in regard to the liberation of
slaves; and

Whereas, it is now desired by ?ome persons Heretofore engaged in said rebel-
lion to resume their allegiance to the United States, and to reinaugurate loyal
state governments within and for their respective states : Therefore *-„

I, Abraham Lincoln, President of the United States, do proclaim," declare, Pardon granted
and make known to all nersons who have, directly or by implication, partici* *p those in rebels
pated in the existing rebellion, except as hereinafter excepted, that a full par- Sto «f SJ. 0011 "
don is hereby granted to them and each of them, with restoration of all rights * *
of property, except as to slaves, and in property cases where rights of third par-
ties shall have intervened, and upon the condition that every such person shall

62*

78$

APPENDIX.

take and subscribe an oath, and thenceforward keep and *"A'"tKin said
otate ; and which oath shall be registered for permanent preservation,
be of the tenor and effect following, to wit : —

9&th invi-
and shall

Form of oath*

"I

do solemnly swear, in presence of Almighty God, that I

Persons ex-
cepted from
amnesty.

Reestablish-
ment of state
government In
certain states.

Provision as to
freed men.

Name. &c, of
state to be re-
tained.

Proclamation
does not refer to
certain loyal
states, &c

will henceforth faithfully support, protect, and defend the Constitution of the
United States and the Union of the States thereunder ; and that I will, in like
manner, abide by and faithfully support all acts of congress passed during the
existing rebellion with reference to slaves, so long ana so far as not repealed,
modified, or held void by congress, or by decision of the supreme court; and
that r will, in like manner, abide by and faithfully support all proclamations of
the President made during the existing rebellion having reference to slaves, so
long and so far as not modified or declared void by decision of Hie supreme court.
So help me God."

The persons excepted from the benefits of the foregoing provisions are all
who are, or shall have been, civil or diplomatic officers or agents of the so-called
Confederate government ; all who have left judicial stations under the United
States to aid the rebellion ; all who are, or shall have been, military or naval offi-
cers of said so-called Confederate government above the rank of colonel in the
army or of lieutenant in the navy ; all who left seats in the United States con*
gross to aid the rebellion ; all who resigned commissions in the army or navy of
the United States and afterwards aided the rebellion ; and all who nave engaged
in any way in treating colored persons, or white persons in charge of such, other*
wise than lawfully as prisoners of war, and which persons may nave been found
in the United States service as soldiers, seamen, or in any other capacity.

And I do further proclaim, declare, and make known that whenever, in any
of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama,
Georgia, Florida, South Carolina, and North Carolina, a number of persons, not
less than one tenth in number of the votes cast in such state at the presidential
election of the year of our Lord one thousand eight hundred and sixty, each
having taken the oath aforesaid, and not having since violated it, and being a
qualified voter by the election law of the state existing immediately before the
so-called act of secession, and excluding all others, shall reestablish a state gov-
ernment which shall be republican, and in nowise contravening said oath, such
shall be recognized as the true government of the state, and the state shall re-
ceive thereunder the benefits of the constitutional provision which declares that
"the United States shall guaranty to every state in this Union a republican
form of government, and shall protect each of them against invasion; and on
application of the legislature, or the executive, (when the legislature cannot be
convened,} against domestic violence.**

And I do further proclaim, declare, and make known that any provision which
may be adopted by such state government in relation to the freed people of
such state, which shall recognize and declare their permanent freedom* provide
for their education, and which may yet be consistent as a temporary arrange-
ment with their present condition as a laboring, landless, and homeless class, will
not be objected to by the National Executive.

And it is suggested as not improper that, in constructing a loyal state govern-
ment in any state, the name of the state, the boundary, the subdivisions, the
constitution, and the general code of laws, as before the rebellion, be main-
tained, subject only to the modifications made necessary by the conditions here-
inbefore stated, and such others, if any, not contravening said conditions, and
which mav be deemed expedient by those framing the new state government.

To avoid misunderstanding, it may be proper to say that this proclamation, so
far as it relates to state governments, has, no reference to states wherein loyal
state governments have all the while been maintained. And, for the same rea-
son, it may be proper to further say, that whether members sent to congress
from any state snail be admitted to seats constitutionally rests exclusively with
the respective* houses, and not to any extent with* the Executive. And still
further, that this proclamation is intended to present the people of the states
wherein the national authority has been suspended, and loyal state governments
have been subverted, a mode in and by which the national authority and loyal
state governments may be reestablished wibhin said states, or in any of them ; and,
while the mode presented is the best the Executive can suggest, with his pres-
ent impressions, it must not be understood that no other possible mode would be
acceptable*

Given under my hand at Hie citjr of Washington the eighth ddty of De-

APPENDIX: W9

*

[l. s.] cember, A. D. one thousand eight hundred and sixty-three, and of the
Independence of the United States of America the eighty-eighth*
^ ABRAHAM LINCOLN.

By the President:

William H. Seward, Secretory of State.

No. 12*

BY THE PRESIDENT OP THE UNITED STATES OP AMERICA: Pec 16, 1M

PROCLAMATION.

Whebbas, by an act of the congress of the United States of the 24th of Preamble,
May, one thousand eight hundred and twenty-eight, entitled "An act in addi- * . „,
tion to an act entitled * An act -concerning discriminating duties of tonnage and ydtfr.p. 80S,
impost, 9 and to equalize the duties on Prussian vessels and their cargoes," it is
provided that, upon satisfactory evidence being given to the President of the
United States, by the government of any foreign nation, that no discriminating
duties of tonnage or impost are imposed or levied in the ports of the said nation
upon vessels wholly belonging to citizens of the United States, or upon the prod-
uce, manufactures, or merchandise imported in the same from the United States,
or from any foreign country, the President is thereby authorized to issue his proc-
lamation declaring that the foreign discriminating duties of tonnage and impost
within the United States are and shall be suspended and discontinued, so far as
respects the vessels of the said foreign nation, and the produce, manufactures,
or merchandise imported into the United States in the same from the said foreign
nation* or faun any other foreign country ; the said suspension to take effect
from the time of such notification being -given to the -President of the United
States, and to continue so long as the reciprocal exemption of vessels belonging
to citizens of the United States, and their cargoes, as aforesaid, shall be con-
tinued, and no longer ;

And whereas, satisfactory evidence has lately been received by me, through
an official communication of Seftor Don Luis Molina, Envoy Extraordinary ana
Minister Plenipotentiary of the Republic of Nicaragua, under date of the 28th
of November, 1863, that no other or higher duties of tonnage and impost have
been imposed or levied since the second day of August, 1888, in the ports of
Nicaragua, upon vessels wholly belonging to citizens of the United States, and
upon the produce, manufactures, or merchandise imported in the same from the
United States, and from any foreign country whatever, than are levied on Nica-
raepan ships and their cargoes in the same ports under like circumstances :

Now, therefore, I, Abraham Lincoln, President of the United States of
America, do hereby declare and proclaim, that so much of the several acts im~
posing discriminating duties of tonnage and impost within the United States are,
and shall be, suspended and discontinued, so tar as respects the vessels of Ni- ^ M ^^ natins
caragua, and the produce, manufactures, and merchandise imported into ti ^ J ^ I6 ^^^ e '
United States to the same from the dominions of Nicaragua, and from any other vessels of xftca-
foreifgn country whatever*; the said suspension to take effect from the day above ragua diacon-
mentioned, and to continue thenceforward, bo Jong as the reciprocal exemption tinned,
of die vessels of the United States, and the produce, manufactures, and mer-
chandise imported into the dominions of Nicaragua in the same, as aforesaid,
shall be continued on the part of the government of Nicaragua*

Given under my hand at the city of Washington, the sixteenth day of
[l. B.] December, in the year of our Lord one thousand eight hundred and
sixty-three, and the eighty-eighth of the Independence of the United
-States.

„ t ^ ABRAHAM LINCOLN.

By the President :

William H~S ward, Secretary of State.

No. 18.

*

Feb. 18, 1864. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

Preamble*
Vol. adi. p. 1258.

A PROCLAMATION*

^ Whbbxas, by mv proclamation of the nineteenth of April, one thousand

Blockade of
Brownsville to
cease— so far
that, &&

3861, duM&
Vol. xii. p. 257.

Certain ahip-
mflmtgj &c«, not
aQowea.

List of pro-
hibited articles.

Licenses to
vessels from
foreign posts*

Violation of
conditions to
work forfeiture*

district ofBrazos Santiago, in the State of Texas, has since been blockaded, but
as the blockade of said port nfoy now be safely relaxed with advantage to the
interests of commerce :

Now, therefore, be it known that I, Abraham Lincoln, President of the
Unite*! Stales, pursuant to the authority In me vested by the fifth section of the
act of congress, approved on the 18th of July, 1861, entitled "An act further
to provide for the collection of duties on imports, and for other purposes," do
hereby declare that the blockade of the said port of Brownsville shall so far
cease and determine from and after this date, that commercial intercourse with
said port, except as to persons, things, and information hereinafter specified,
may, from this date, be carried on, subject to the laws of the United States, to
the regulations prescribed by the Secretary of the Treasury, and, until the rebel*
Son shall have neon suppressed, to such orders as may be promulgated by the
general commanding the department, or by an officer duly authorized by him and
commanding at said port This proclamation does not authorize or allow the
shipment or conveyance of persons in, or intending to enter, the service of the in-
surgents, or of things or information intended for their use, or fin? their aid or com*
fort, nor, except upon the permission of the Secretary of War, or of some officer
duly authorized by him, of the following prohibited articles, namely : cannon, mor-
tars, firearms, pistols, bombs, grenades, powder, saltpetre, sulphur, balls, bullets,
pikes, swords, boardmg-caps, (always excepting the quantity of the said articles
which may be necessary for the defence of the ship and those who compose the
crew,) saddles, bridles, cartridge-bag material, percussion and other caps, cloth*
in* adapted for uniforms, sailcloth of all kinds, hemp and cordage, intoxicating
drinks, other than beer and light native wines*

To vessels clearing from foreign ports and destined to the port of Brownsville,
opened by this proclamation, licenses will be granted by consuls of the United
States upon satisfactory evidence that the vessel so licensed will convey no per*
sons, property, or information excepted or prohibited above, either to or from
th$ said port; winch licenses shall be exhibited to the collector of said port im-
mediately on arrival, and, if. required, to any officer in charge of the blockade ;
and on leaving said port every vessel will be required to have a clearance from
the collector of the customs, according to law, snowing no violation of the con*
ditions of the license. Any violations of said conditions will involve the forfeit-
ure and condemnation of the veael and cargo, and the exclusion of all parties
concerned from any further privilege of entering the United States during the
war for any purpose whatever.

In all respects, except as herein specified, the existing blockade remains in
full force and effect as hitherto established and maintained, nor is it relaxed by
this proclamation except in regard to the port to which relaxation is or has been

En witness whereof I have hereunto set my hand, and caused the seal of the
United States to be affixed.

February,

eighty-eighth.
ABRAHAi

By the President:

William H. Seward, Secretary of State*

APPENDIX. 741
No. 14.

BT THE PRESIDENT OF THE UNITED STATES OF AMERICA: KanliSB.l&i.

A PROCLAMATION.

Whebbas, it has become necessary to define the cases in which insurgent Preamble,
enemies are entitled to the benefits of the proclamation of the President of the
United' States, which was made on the eighth day of December, 186&, and the <4a&> P- 737.
manner in which they shall proceed to avail themselves of those benefits;

And whereas the objects of that proclamation were to suppress the insurrec-
tion and to restore the authority of the United States ; and whereas* the amnesty
therein proposed by the President was offered with reference to these objects
alone :

Now, therefore, I, Abraham Lincoln, President of the United States of Aa ^^P? )0 "
America, do nereby proclaim and declare that the said proclamation does sot jj^apply toper-
apply to the cases of persons who, at the time when they seek to obtain the ben- 80Dft facuatoayy
efits thereof by taking the oath thereby prescribed, are in military, naval, or civil
confinement or custody, or under bonds, or on parole of the civil, military, or
naval authorities, or agents of the United States, as prisoners of war, or persons
detained for offences of any kind, either before or after conviction, and that on
the contrary, it does apply only to those persons who, being yet at large, and free
from any arrest, confinement, or duress, shall voluntarily come forward and take
the said oath, with the purpose of restoring peace ana establishing the national
authority. Prisoners excluded from the amnesty offered in the said proclama- Mso«ew may
tion mar apply to the President for clemency, like all other offenders, and their S^&^tfbr
application win receive due consideration. clemency.

I do further declare and proclaim that the oath prescribed in, the aforesaid may ^
proclamation of the 9th of December, 1868, may be taken and subscribed before taken before
any conunissioned officer, civil, military, or naval, in the service of the United whom.
States, or any civil os military officer of a state or territory not in insurrec-
tion, who, by the laws thereof, may be qualified for administering oaths. All
officers who receive such oaths are hereby authorized to give certificates thereon Certificates,
to the persons respectively tyr whom they are made, and such officers are hereby
required to transmit the original records of such oaths at as early a day as may
be convenient, to the Department of State, where they wiU be deposited and
remain in the archives of the government The Secretory of State will keep a nfffflSff
register thereof and will, on application, in proper cases, issue certificates of such cettmcBX6&9
records in the customary form of official certificates.

In testimony whereof I have hereunto set my hand, and caused the seal of the
United States to be affixed*

Done at the city of Washington, the twenty-sixth day of March, in the
[In &] year of our Lord one thousand eight hundred and sixty-four, and of
the Independence of the United States the eighty-eighth.

ABRAHAM LINCOLN. -

By the

William H. Sbwakd, Secretary of SkUe.

No* 15.

ABRAHAM LINCOLN,

PEESIDE&T OF THE UNTCED STATES OF AMERICA. May 1^,1864.

TO ALL WHOM IT MAT CONOBBNS

An exequatur bearing date the third day of May, 1850, having been issued
to Charles Hunt, a citizen of the United States, recognizing him as* Consul of
Belgium, for St Louis, Missouri, and declaring him free to exercise and enjoy
each functions, powers, and privileges as are allowed to the consols of the most

742

APPENDIX

Exequatur of
Charles Hunt,
consul for Bel-
gium at St
Louis, revoked.

favored nations 5n the United States ; and the said Hunt having sought to screen
himself from his military duty to his country in consequence of thus being in-
vested with the consular functions of a foreign power in the United States, it is
deemed advisable that the said Charles Hunt should no longer be permitted to
continue in the exercise of said functions, powers, and privileges:

These are, therefore, to declare, that I no longer recognize the said Charles
Hunt as Consul of Belgium for Saint Louis, Missouri, and will not permit to ex-
ercise or enjoy any of the functions, powers, or privileges allowed to consuls of
that nation ; and that I do hereby wholly revoke and annul the said exequatur
heretofore given, and do declare the same to be absolutely null and void, from
this day forward*

In testimony whereof, I have caused these letters to be made patent, and the
seal of the United States of America to be hereunto affixed.

Given under my hand at Washington, this nineteenth day of May, in
£l* & j the year of oar Lord one thousand eight hundred and sixty-four,
and the Independence of the United States of America the eighty-
«dghth.

ABRAHAM LINCOLN.

By the President :

William H. Sbwabd, Secretory of State.

No. 16.

July 5, 1864. BY THE PRESIDENT OP THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Preamble. Whebbas, by a proclamation which was issued on the -15th day of April,
Vol* xit p. 1258. 1861, the President of the United States announced and declared that the laws

of the United States had been for some time past, and then were, opposed, and
the execution thereof obstructed, in certain states therein mentioned, by combi-
nations too powerful to be suppressed by the ordinary course of judicial proceed-
ings, or by the powers vested m the marshals by law ;

And whereas, immediately after the issuing of the said proclamation, the land
.and naval forces of the United States were put into activity to suppress the said
insurrection and rebellion ; .

And whereas the congress of the United States, by an act approved on the Sd
Vol x« 755 day rf March, 1863, did enact that during the said rebellion the President of

the United States, whenever in his judgment the public safety may require it,
is authorized to suspend the privilege of the writ of habeas corpus in any case
throughout the United States, or in any part thereof;

And whereas the said insurrection ana rebellion still continue, endangering
the existence of the constitution and government of the United States ;

And whereas the military forces of the United States are now actively en-
gaged in suppressing the said insurrection and rebellion in various parts of the
states where the said rebellion has been successful in obstructing the laws and
public authorities, especially in the States of Virginia and Georgia :
Ante, p. 734. And whereas, on the fifteenth day of September last, the President of the
United States duly issued his proclamation, wherein he declared that the privi-
lege of the writ of habeas corpus should be suspended throughout the united
States in the cases where, by the authority of the President of the United States,
military, naval, and civil officers of the United States, or any of them, hold per-
sons under their command or in their custody, either as prisoners of war, spies,
or aiders or abettors of the enemy, or officers, soldiers, x>r seamen enrolled or
drafted or mustered or enlisted in, or belonging to, the land or naval forces of the
United States, or as deserters therefrom, or otherwise amenable to military law
or the rules and articles of war, or the rules or: regulations prescribed for the
military or naval services by authority of the President of the United States, or
for resisting a draft} or for any other offence against the. military or naval
service;

And whereas many citizens of the State of Kentucky have joined the forces
*f the insurgents, and such insurgents have on several occasions entered the

APPENDIX 743

said State of Kentucky in large force, and, not without aid and comfort fur-
nished by disaffected and disloyal citizens of the United States residing therein,
have not only greatly disturbed the public peace, but have overborne the civil
authorities and made flagrant civil war, destroying property and life in various
parts of that state ;

And whereas it has been made known to the President of the United States
by the officers commanding the national armies* that combinations have been
formed in the said State of Kentucky with a purpose of inciting rebel forces to
renew the said operations of civil war within the said state, and therebyto em-
barrass the United States armies now operating in the said States of Virginia
and Georgia, and even to endanger their safety :

Now, therefore, I, Abr ah am Lincoln, President of the United States, by Writ of habeas
virtue of the authority vested in me by the constitution and laws, do hereby corpus suspended
declare that, in my Judgment, the public safety especially requires that the sus- ^^^°^^ w
pension of the privilege of the writ of habeas corpus, so proclaimed in the said Kentucky?
proclamation of the 15th of September, 1863, be made effectual and be duly
enforced in and throughout the said State of Kentucky, and that martial law be Post, p. 778.
for the present established therein. I do, •therefore, hereby require of the mili-
tary officers in the said state that the privileges of the writ of habeas corpus be
effectually suspended within the said* state, according to the aforesaid proclama-
tion, and that martial law be established therein, to take effect from the date of
this proclamation, the said suspension and establishment of martial law to con-
tinue until this proclamation shall be revoked or modified, but not beyond the
period when the said rebellion shall have been suppressed or come to an end.
And I do hereby require and command, as well all military officers as all civil
officers and authorities existing or found within the said State of Kentucky, to
take notice of tins proclamation, and to give full effect to the same.

The marti al law herein proclaimed, and the things in that respect herein Lawful else-
ordered, will not be deemed or taken to interfere with the holdingof lawful tionsandpro- -
elections, or with the proceedings of the constitutional legislature of Kentucky, P 66 ?? 1 ^ .
op with the administration of justice in the courts of law existing therein be- ISfS^^tv
tween citizens of the United States in suits or proceedings which do not affect WXBSasna
the military operations or the constituted authorities of the government of tbe
United States.

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed.

-Done at the city of Washington, tins fifth day of July, in the year of our
[3L. 8.] Lord one thousand eight hundred and sixty-four, and of the Indepen-
dence of the United Sates the eighty-ninth.

A ATI AM LINCOLN.

By the President:

William H. Seward, Secretary of Suae*

- No. 17.

BY THE PRESIDENT OF THE UNITED STATES: July 7, 1834.

A PROCLAMATION.

+

Whereas the Senate and Bouse of Representatives, at their last session. Preamble,
adopted a concurrent resolution, which was approved on the second day of July Ante, p. 416.
instant, and which was in the words following, namely :

" That the President of the United States be requested to appoint a day for
humiliation and prayer by the people of the United States ; that he request his
constitutional advisers at the head of the executive departments to unite with
, him as chief magistrate of the nation, at tlje city of Washington, and the* mem-
bers of congress, and all magistrates, all civil, military, and naval officers, all
soldiers, sailors, and marines, with all loyal and law-abiding people, to convene
at their usual places of worship, or wherever they may be, to confess and to re-
pent of their manifold sins; to implore the compassion and forgiveness of the
Almighty, that, if consistent with His will, the existing rebellion may be speedily
suppressed, and the supremacy of the constitution and laws of the United States
may be established throughout all the states ; to implore Him, as Jhe Supreme

744

Baler of the world, not to destroy us as a people, nor suffer us to be destroyed
by the hostility or connivance of other nations, or by obstinate adhesion to oar
own counsels, which may be in conflict with His eternal purposes} and to im-
plore Him to enlighten the mind of the nation to know and do His will, humbly
believing that it is in accordance with His will that our glace should be main**
tained as a united people among the family of nations; to implore Him to grant
to bur armed defenders and the masses of the people that courage, power of re-
sistance, and endurance necessary to secure mat result ; to implore Him in His
infinite goodness to soften the frearts, enlighten the minds, and quicken the con-
sciences of those in rebellion, that they may lay down their arms and speedily
return to their allegiance to the United States, that they may not be utterly de-
stroyed, that the effusion of blood may be staved, and that unity and fraternity
may be restored, and peace established throughout all our borders ; *
Bay of national Now, therefore, I, Abraham Lincoln, President of the United States, cor-
hnmmation and dially concurring with the congress of the United States in the penitential and
prayer appointed* pi 0Q8 sentiments expressed in the aforesaid resolution, and heartily approving

of tike devotional design and purpose thereof, do hereby appoint the first Thurs-
day of August next to be observed by the people of the United States as a day
of national humiliation and prayer,

I do hereby farther invite and request the heads of the executive depart*
ments of this government, together .with all legislators, all. judges and magis-
trates, and all other persons exercising authority in the land, whether civil, mil-
itary, or naval, and all soldiers, seamen, and marines in the national service, and
all the other loyal and law-abiding people of the United States, to assemble in
their preferred places of public worship on that day, and there and then to ren-
der to the Almighty and Merciful Ruler of the universe, such homages and such
confessions, ana to offer to Him such supplications as the congress of the United
t States have, in their aforesaid resolution, so solemnly, so earnestly, and so rev-
erently recommended.

In testimony whereof, I have hereunto set my band, and caused the seal of
the United States to be affixed.

Done at the city of Washington tins seventh day of July, in the year of
[l. 8.] our Lord, one thousand eight hundred and sixty-four, and of the In-
dependence of the United States the eighty-ninth.

ABRAHAM LINCOLN*

By the President:

William H. Sbwabd, Secretory of State*

No. 18.

July 8, 186*. BY THE PRESIDENT OF THE UNITED STATES:

A PROCLAMATION.

Preamble. Whereas, at the late session, congress passed • biH.to " guarantee to cer-
tain states, whose governments have been usurped or overthrown, a republican
form of government," a copy of which is hereunto annexed ;

And whereas the said bill was presented to the President of the United States
for his approval less than one hour before the sine die adjournment of said 'ses-
sion, ana was not signed by him ;

And whereas the said mil contains, among other things, a plan for restoring
the states in rebellion to their proper practical relation, in the Union, whicn
plan expresses the sense of congress upon that subject, and which plan it is now
thought fit to lay before the people for their consideration :
DedaHtum of Now, therefore, I, Abraham Lincoln, President of the* United States, do
opinion as to the proclaim, declare, and make known, that, while I am (as I was in December
ptai^of restore- fast, when by proclamation I propounded a plan for restoration) unprepared by
itaa of tibe states a formal approval of this bill, to be inflexibly committed to any single plan of
in rebellion. restoration ; and, while I am also unprepared to declare that the free state con-
stitutions and governments already adopted and installed in Arkansas and Louis-
iana shall be set aside and held for nought, thereby repelling and discouraging
the loyal citizens who have set up the same as to further effort, or to declare «
constitutional competency in congress to abolish slavery in states, but am at the

AFPENDIX. 745

same time sincerely "hoping and expecting that a constitutional amendment abol*
ishitijpr slavery throughout the nation may be adopted, nevertheless I am fully
satisfied with the system for restoration contained in the hill as one very proper
plan for the loyal people of any state choosing to adopt it£ and that I am, and
at all times shall be, prepared to give the executive aid and assistance to any
such people, so soon as the military resistance to the United States shall have
been suppressed in any such state, and the people thereof shall have sufficiently
returned to their obedience to the constitution and the laws of the United
States, in which cases military 'governors will be appointed, with directions to
proceed according to the bill.

In testimony whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington tins eighth day of July, in the year of our
[l. s.] Lord one thousand eight hundred and sixty-four, and of the Indepen-
dence of the United States the eighty-ninth.

ABRAHAM LINCOLN.

By the President:

WnxiAM H. Sewabd, Secretary of State.

A Bill to guarantee to certain States whose Governments have been usurped or overthrown

a Republican Form of Government.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled. That in the states declared in rebellion Provisional
against the United States, the. President shall, by and with the advice and con- governor for
sent of the S enate , appoint for each a provisional governor, whose pay and states dsctered la
emoluments shatTnot exceed that of a brigadier-general of volunteers, who shall ^
be charged with the civil administration of such state until a state government
therein shall be recognized as hereinafter provided.

Sec. 2. And be it farther enacted, That so soon as the military resistance to Provisional
the United States shall have been suppressed in any such state, and the people governor to .
thereof shall have sufficiently returned to their obedience to the constitution and ""set an enrol*
the laws of the United States, the provisional governor shall direct the marshal me ? t °* whito
of the United States, as speedily as may be, to name a sufficient number of ^ citizens,
deputies, and to enroll all white male citizens of the United States, resident in
the state in their respective counties, and to request each one to take the oath to
support the constitution oi the United States, and in his enrolment to designate
those who take and those who refuse to take that oath, which rolls shall be forth-
with returned to the provisional governor; and if the persons -taking that oath
shall amount to a majority of the persons enrolled in the state, he shall, by proc- FI ^ ntif
lamation, invite the loyal people of the state to elect delegates to a convention delegStoa
charged to declare the will of the people of the state relative to the reestablish- convention,
ment of a state government subject to, and in conformity with, the constitution
of the United States.

Sfic. S. And be it further enacted, That the convention shall consist of as Members of
many members as both houses of the last constitutional state legislature, ap- convention, ap-
portioned by the provisional governor among the counties, parishes, or districts P°^ onment t ««•
of the state, in proportion to the white population, returned as electors, by the
marshal, in compliance with the provisions of this act v The provisional governor
shall, by proclamation, declare the number of delegates to be elected by each
county, parish, or election district; name a day of election not less than thirty Time and
days thereafter; designate the places of voting in each county, parish, or district, place of election*
conforming as nearly as may be convenient to the places used in the state elec-
tions next preceding the rebellion ; appoint one or more commissioners to hold
the election at each place of voting, and provide an adequate force to keep the
peace during the election.

Sec 4. And be it further enacted^ That the delegates shall be elected by the Who may vote
loyal white male citizens of the United Stages of the age of twenty-one years, In the election of
and resident at the lime t in the county, parish, or district in which they shall delegates,
offer to vote, and enrolled 4 as aforesaid, or absent in the military service of the
United States, and who shall take and subscribe the oath of . allegiance to the
United States in the form contained in the, act of congress of July two, eighteen 1862, eh. 128.
hundred and sixty-two ; and all such citizens of the United States who are in Vol. sit p. 502.
the military service of the United States shall vote atthe head-quarters of their
respective commands, under such regulations as may be prescribed by the pro-

V0L.xm* App. — 68

746

APPENDIX.

Commission ere

Poll-book.

visional governor for the taking and return of their votes ; bat no person who
has held or exercised any office, civil or military, state or confederate, under the
rebel usurpation, or who has voluntarily borne arms against the United States,
shall vote,, or be eligible to be elected as delegate, at such election.
Sec. 5. And be it further enacted. That the said commissioners, or either of
of election to act, them, shall hold the election in conformity with this act, and, so far as may be

consistent therewith, shall proceed in the manner used in the state prior to the
Oath of alle- rebellion. The oath of allegiance shall be taken and subscribed on the poll-book
giance, hnvr and by every voter in the form above prescribed, But every person known by, or
to^oma<munis- p^y^ ^ the commissioners to have held or exercised any office, civil or milt-*

tary, state or confederate, under the rebel usurpation, or to have voluntarily
borne arms against the United States, shall be excluded, 'though he offer to take
the oath ; ana in case any person who shall have borne arms against the United
States shall offer to vote he shall be deemed to have borne arms voluntarily on*
less he shall prove the contrary by the testimony of a qualified voter. The
poll-book, showing the name and oath of each voter, shall be returned to the
provisional governor by the comnnssioners of election or the one acting, and the
provisional governor shall canvass such returns, and declare the person having
the highest number of votes elected.

Sec. 6. And be it further enacted, That the provisional governor shall, by
!' eU to dm proclamation, convene the delegates elected as aforesaid, at the capital of the
'** " state, on a day not more than three months after the election, giving at least

thirty days' notice of such day. In case the said capital shall in his judgment
be unfit, he shall in his proclamation appoint another place. He shali preside
over the deliberations of the convention, and administer to each delegate, before
taking his seat in the convention, the oath of allegiance to the United States in
the form above prescribed.

Sec. 7. And be it further enacted, That the convention shall declare, on be-
half of the people of the state, their submission to the constitution and- laws of
the United States, and shall adopt the following provisions, hereby prescribed
by the United States in the execution of the constitutional duty to guarantee a
republican form of government to every state, and incorporate them in the con-
stitution of the state, that is to say :

First No person who has held: or exercised any office, civil or military, except
offices merely ministerial, and military offices below the grade of colonel, state or
confederate, under the usurping power, shall vote for or be a member of the legis-
lature, or governor.

Second. Involuntary servitude is forever prohibited, and the freedom of all
persons is guaranteed in said state.

Third. No debt, state or confederate, created by or under the sanction of the
usurping power, shall be recognized or paid by the state.
Skc. 8. And be it further enacted, That when the convention shall have

Governor to
conv
gates,
ister the oath,
and preside.

Duty of
convention.

Fundamental
provisions of
constitution*

Constitution, .

adonted^o be adopted those provisions, it shall proceed to reestablish a republican form of gov*
submitted to the ernmen ^ and ordain a constitution containing those provisions, which, when
people. adopted, the convention shall by ordinance provide for submitting te the people

of tne state x entitled to vote under this law, at an election to be held in the
manner prescribed by the act for the election of delegates; but at a time and
place named by the convention, at which election the said electors, and none
others, shall vote directly for or against such constitution and form of state gov-
ernment, and the returns of said election shall be made to the provisional gov-
ernor, who shall canvass the same in the presence of the electors, and if a major-,
jty of the votes cast shall be for the constitution and form of government, he
shall certify the same, with a copy thereof, to the President of the United States,
who, after obtaining the assent of congress, shall, by proclamation, recognize the
government so established, and none other, as the constitutional government of
the state, and from the date of such recognition, and not before, Senators and
Representatives, and electors for President and Vice-President may be elected
in such state, according to the laws of the state and of the United States.
If convention Sec* 9. And be it further enacted, That if the convention shall refuse to rees-
reftise to re^etab- tabnsh the state government on the conditions aforesaid, th*e provisional gov-
governofenton ern0P 8naM declare it dissolved ; but it shall be the duty of the President, whenevex
thoae conditions, he shall have reason to believe that a sufficient number of the people of the state
governor to die- entitled to vote under this act, in number not less than a majority of those en-
solve it. rolled, as aforesaid, are walling to reestablish a state government on the oondi-
Another con- tions aforesaid, .to direct the provisional* governor to order another election of
rentiou* delegates to a convention for the purpose and in the manner prescribed in this

act, and to proceed in all respects as hereinbefore provided, either to dissolve

APPENDIX. 747

the convention, or to certify the state government reestablished by it to the
President.

recognized

each of said states shall see that this act, ou« w jo»to w vu.w« ^
the laws of the state in force when the state government was overthrown by the
rebellion, are faithfully executed within the state ; bat no law or usage whereby
any person was heretofore held in involuntary servitude shall be recognized or
enforced by any court or officer in such state, and the laws for the trial and pun-
ishment of white persons shall extend to all persons, and jurors shall have the

Qualifications of voters under this law for delegates to the convention* The
'resident shall appoint such officers provided for by the laws of the state when
it? government was overthrown as he may find necessary to the civil admin-
istration of die state, all which officers shall be entitled to receive the fees and
emoluments provided by the state laws for such officers.

Seo.11* And be it Jwrther enacted, That until the recognition of a state gov- ^ assess, levy,
ernment as aforesaid, the provisional governor shall, under such regulations as he ma coUect taxea *
may prescribe, cause to be assessed, levied, and collected, for the year eighteen
hundred and sixty-four, and every year thereafter, the taxes provided by the
laws of such state to be levied during the fiscal year preceding the overthrow
of the state government thereof in the manner prescribed by the. laws of the
state, as nearly as may be ; and the officers appointed, as aforesaid, are vested,
with all powers of levying and collecting such taxes, by distress or sale, as were
vested In any officers or tribunal of the state government aforesaid for those
purposes. The proceeds of such taxes shall be accounted for to the provisional
governor, and be by him applied to the expenses of the administration of .the
Jaws in such state, subject -to the direction of the President, and the surplus shall
be deposited in the treasury of the Dnited States to the credit of such state, to
be paid to therstate upon an appropriation therefor, to be made when a repub-
lican form of government shall be recognized therein by the United States.

Sec 12. Arxtbe it jurtfyer enacted. That all persons held to involuntary ser- Persons held to
vitude or labor in the states aforesaid are hereby emancipated and discharged ^ V ^ D ^ 3 7 ** v ~
therefrom, and they and their posterity shall be forever free. And if any such JJJi* to *
persons or their posterity shall be restrained of liberty, under pretence of any
claim to such service or labor, the courts of the United States shall, on habeas
corpus, discharge them.

Sec. 18. And be it farther enacted, That If any person declared free by this Penally for re-
act, or any law of the United States, or any proclamation of the President, be steainiQg of
restrained of liberty, with intent to be held in or reduced to in voluntary sefvi- SSSpb^^^act
tilde or labor, the person convicted before a court of competent jurisdiction of wit £ j n tent/
such act shall be punished by fine of not less than fifteen nundred dollars, and &*J
be imprisoned not less than five nor more than twenty years.

Sec 14. And be U further enacted. That every person who shall hereafter Persons hold-
hold or exercise any office, civil or military, except offices merely ministerial, ing certain offices
and military offices below the grade of colonel, in toe rebel service, state or con- the re ^l ser- .
federate, is hereby declared not to be a citizen* of the United States. ' tobedti^ai

No, 19.

BY THE PRESIDENT OS THE UNITED STATES OE AMEBICA . Jnly 18, 1&8*.

A PROCLAHtAHON.

Whereas, by the act approved July 4, 1864, entitled " An act further to Preamble,
regulate and provide for the enrolling and calling out the national forces, and 1864, eh. 287.
for other purposes," it is provided that th* President of the United States may, ****** m *
" at his discretion,' at any time hereafter, call for any number of men, as volun-
teers, for the respective terms of one, two, and three vears, for military service,"
and ** that in case the quota, or any part thereof of any town, township, ward
of a city, precinct, or election district, or of a county not so subdivided, shall not
be filled within the space of fifty days after such call, then the President* shall
immediately order a draft for one* year to fill such quota, or any parr thereof!
which may be unfilled ; *

748 APPENDIX

And whereas the new enrolment heretofore ordered is so tar completed as
that the aforementioned act of congress may now be put in operation, for
recruiting and keeping up the strength of the armies in t%e field, for garrisons,
and such military operations as may be required for the purpose of suppressing
the rebellion and restoring the authority of the United States government in the
insurgent states :

500,000 volun- ^ No w, # therefore, I, Abraham Lincoln, President of the United States, do
issue this my call for five hundred thousand volunteers for the military service ;
^7| e r[ lce provided, nevertheless, that this call shall be reduced by all credits which may
c be established under section 8 of the aforesaid act, on account of persons who

have entered the naval service during the present rebellion, and by credits for
men furnished to the military service in excess of calls heretofore made.
Volunteers wiU be accepted under this call for one, two, or three yeans, as they
may elect, and will be entitled to the bounty provided by the law for the period
of service for which they enlist
Drait for troops And I hereby proclaim, order, and direct, that immediately after the fifth day
to fill quota to ^ September, 1864, being fiftv days from the date of this call, a draft for troops
Mirve for one tQ f or one Year gna jJ ^ m every town, township, ward of a city, pre-
y * cinct, or election district, or county not so subdivided, to fill the quota which

shall be assigned to it under tins call, or any part thereof which may be unfilled
by volunteers on the said fifth day of September, 1864.

In testimony whereof, I have hereunto set my hand, and caused the seal of
the" United States to be affixed.

Done at the city of Washington, this eighteenth day of July, in the year
[l. s.] of our Lord one thousand eight hundred and sixty-four, and of the
Independence of the United States the eighty-ninth.

ABRAHAM LINCOLN.

By the President :

William H. Seward, Secretary of State.

No* 20.

Aug. 18, 1864. BY3HD3 PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Preamble. Whereas the act oi congress of the 28th of September, 1850, entitled "An
1850, eh* 79, § 16. act to create additional collection districts in the State of California, and to
YoL tx. p. 51L change the existing districts therein, and to modify the existing collection dis-
tricts in the United States," extencjs to merchandise, warehoused under bond
the privilege of being exported to the British North American Provinces, adjoin-
ing the United States, in the manner prescribed in the act of congress of the 3d
1845. ch. 70, § 7. of March, 1845, which designates certain frontier ports through which mer-
Vol. v. p. 751. chandise mav be exported, and further provides " that such other ports, situated
on the frontiers of the United States adjoining the British North American
provinces, as may hereafter be found expedient, may have extended to them the
like privileges, on the recommendation of the Secretary of the Treasury, and
proclamation duly made by the President of the' United States, specially designat-
ing the ports to which the aforesaid privileges are to be extended : *
. Newport, Ter. Now, therefore, I, Abraham Lincoln, President of the United States of
mont made a America, in accordance with the recommendation of the Secretary of the Treas-
S^tothT^ridah ttr y> do hereDv declare and proclaim that the port of Newport, in the State of
Provinces. Vermont, is and shall .be entitled to ail the privileges in regard to the exporta-
tion of merchandise in bond to- the British North American Provinces adjoin-
ing the United States, which are extended to the ports enumerated in the 7th
section of the act of congress of the 3d of March, 1845, aforesaid, from and after
the date of this proclamation*

In witness whereof, I have hereunto set my hand and caused the seal of the)
United States to be affixed.

Done at the city cf Washington this eighteenth day of August, in the
[l* 8.3 year of our lird one thousand eight hunched and sixty-four, and cf
the Independence of the United States of America the eighty-ninth.

ABRAHAM ONCOLN.

By the President :

William H. Seward, Secretary i>f State.

APPENDIX.

749

No. M.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA : Oct 80, MM.

A PROCLAMATION.

It has pleased Almighty God to prolong our national life -another year, Day of thanks
defending ns with His guardian care against unfrientHy designs from abroad, and gtongan* pwk*
vouchsafing to ns in His mercy many and signal victories over the enemy, who is a ^ >pom -
«f our own household. It has also pleased our Heavenly Father to favor as well
our citizens in their homes as oar soldiers in their camps, and oar sailors on the
rivers and seas, with unusual health. He has largely augmented our free popu-
lation by emancipation and by immigration, while He has opened to us new sources
of wealth, and has crowned the labor of our working men in every department of
industry with abundant rewards. Moreover, He has been pleased to animate and
inspire oar minds and hearts with fortitude, courage, and resolution sufficient for
the great trial of civil war into which we have been brought by oar adherence
as a nation to the cause of freedom and humanity, and to afford to ns reasonable
hopes of an ultimate and happy deliverance from all our dangers and afflictions :

Now, therefore, I, Abraham Lincoln, President of the United States, do
hereby appoint and set apart the last Thursday of November next as a day
which I desire to be observed by all my fellow-citizens, wherever they may then
be, as a day of thanksgiving and praise to Almighty God, the beneficent Creator
and Ruler of the Universe. Ana I do farther recommend to my fellow-citizens
aforesaid, that, on that occasion, they do reverently humble themselves in the
dust, and fromJih&nce offer up penitent and fervent prayers and supplications to
the Great Disposer of events for a return of the inestimable blessings of Deace,
union, and harmony throughout the land which it has pleased Him to assign as
a dwelling-place for ourselves and for oar posterity throughout all generations.

In testimony whereof, I have hereunto set my hand and caused the seal of the
United States to be affixed-

Done at the city of Washington this twentieth day of October, in the year
[l. 8.] of our Lord one thousand eight hundred and sixty-four, and of the
Independence of the United States the eighty-ninth.

ABRAHAM LINCOLN

By the President :

William H. Sbwabd, Secretary of State.

No. 22.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA Oct 31, 1864.

A PBOCSLAMATIOK

Whereas the congress of the United^ States passed an act, which was ap* Preamble,
proved on the 21st day of March last, entitled w An act to enable the people of ***64, |&
Nevada to form a constitution and state government, and for the admission of Me * P*
such state into the Union on an equal footing with the original states ; "

And whereas tbe said constitution and state government have been formed,
pursuant to the conditions prescribed by the fifth section of the act of congress
aforesaid, and the certificate required by tbe said act, and also a copy of the
constitution and ordinances, have been submitted to tie President of the United
States:

Now, therefore, be it known, that I, Abraham Lincoln, President of the Nevada ad-
United States, in accordance with the duty imposed upon me by the act of con Jf^ed into the
gress aforesaid, do hereby declare and proclaim that the said State of Nevada is" 3 " **
admitted into the Union on an equal footing with the original states.

In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington this thirty-first day of October, in the year

63*

750 APPENDIX.

[i*. s.] of our Lord one thousand eight hundred and sixty-four, and of the
Independence of the United States the eighty-ninth.

ABRAHAM LINCOLN,

Br the President:

Wiluam H. Seward, Secretary of State.

No. 28.

Nov. 19, 3864. BY THE PRESIDENT OJ* THE UNITED STATES OP AMERICA:

A PROCLAMATION.

PreamWe. Whbrkas by my proclamation of the nineteenth of April, one thousand eight
VaL xii. p. 1258. hundred and sixty-one, it was declared that the ports of certain states, includ-
ing those of Norfolk, in the State of Virginia, [ana] Fernandina and Fensaeola,
in the State of Florida, were, for reasons therein set forth, intended to be placed
under blockade ; and whereas the said ports were subsequently blockaded ac-
cordingly, but haying, for some time past, been in the military possession of the
United States, it is deemed advisable that they should be opened to domestic and
foreign commerce ;

Blockade of Now, therefore, be it known that I, Abraham Lincoln, President of the
Norfolk, Fenian- United States, pursuant to the authority in me rested by the fifth section of the
Uto to?**' of congress approved on the 18th of July, 1851, entitled "An act further to
cease irtSt provide for the collection of duties on imports, and for other purposes," do hereby

declare (hat the blockade of the said ports of Norfolk, Fernandina, and Fensaeola
shall so far cease and determine, from and after the first day of December next,
that commercial intercourse with those ports, except as to persons, things, and
information contraband of war, may, from that time, be carried on, subject to
the laws of the United States, to the limitations, and in pursuance of the regula-
tions which may be prescribed by the Secretary of the Treasury, and to such
military and naval regulations as are now in force, or may hereafter be found
necessary.

In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington this nineteenth day of November, in the
[L* 8.] year of our Lord one thousand eight hundred and sixty-four, and of
the Independence of the United States the eighty-ninth.

ABRAHAM LINCOLN.

By the President :

Wiixiam H. Skwahd, Secretary of State.

No. U.

Dec 19,1364. BY THE PRESIDENT OF THE UNITED STATES .OF AMERICA:

A PEOCLAMATION. ~

Preamble. Whereas by the act approved July 4, 1864, entitled "An act further to
1864, ch. 287. regulate and provide for the enrolling and calling out the national forces, and
Ante, p. 879* f or other purposes, 9 ' it is provided that the President of the United States may,
"at his discretion, at any time hereafter, call for any number of men, as volun-
teers, for the respective terms *f one, two, and three years, for military service,' 9
and " that in case the quota, or any part thereof, of any town, township, ward
of a city, precinct, or election district, or of any county not so subdivided, shall
not be filled within the space of fifty days after such call, then the President
shall immediately order a draft ibrone year to fill such quota, or any part thereof,
which may beunfilled ; "

And whereas by the credits allowed in accordance with the act of Congress,
on the call for five hundred thousand men, made "July 18th, 1864, the number of
men to be obtained under that call was reduced to two hundred and eighty

APPENDIX, 751

thousand; and whereas the operations of the enemy in certain states have
rendered it impracticable to procure from than their foil quotas of troops under
said call; and whereas, ftom die foregoing causes, hat two hundred and forty
thousand men have been put into the army, navy, and marine corps under the
said call of July 18, 1864, leaving a deficiency on that call of two hundred and
sixty thousand (260,000) :

Now, therefore, 1, Abraham Lincoln, President of the United States of Three hundred
America, in order to supply the aforesaid deficiency, and to provide for casual- thousand JJoIujcl-
ties in the military and naval service of the United States, do issue this my call for 10619 GaUe * for#
three hundred thousand (300,000) volunteers to serve for one, two, or three years*
The quotas of the states, districts, and sub-districts, under this call, will be
assigned by the War Department through lite bureau of the provost-marshal
general of the United States, and, " in case the quota or any part thereof of Draft to he
any town, township, ward of a city, precinct, or election district, or of any county made unless &©.
not so subdivided, shall not be filled" before the fifteenth day of February,
eighteen hundred and sixty-five, then a draft shall be made to fill such quota,
or any part thereof under this call, which may be unfilled on said fifteenth day
of February, 1865.

In testimony whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington, this nineteenth day of December, in the
[l. s.] year of our Lord one thousand eight hundred and sixty-four, and of
the Independence of the United States the eighty-ninth.

ABRAHAM LINCOLN.

By the President:

William H. Sxwabd, Secretary of State*

No. 2J5.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA : Jan* 10, 1866.

A PROCLAMATION.

Whbrbas the act of congress of .the 28th of September, 1850, entitled "An Preamble,
act to create additional collection districts in the State of California, andto change 1350 79 j
the existing districts therein, and to modify the existing collection districts in the Vol fx* p. ell.
United States," extends to merchandise warehoused under bond the privilege
of being exported to the British North American Provinces adjoining the United
States, in the manner proscribed in the act of congress of the 8d of March, 1845, 1845, eh. 70, § 7*
'which designates certain frontier ports through which merchandise may be Vol. v. p. 761.
exported, and further provides " that such other ports situated on the frontiers
of the United States, adjoining the British North American Provinces, as may
hereafter be found expedient, may have extended to them the like privileges on
the recommendation of the Secretary of the Treasury, and proclamation duly
made by the President of the United States, specially designating the ports to
which the aforesaid privileges are to be extended : "

Now, therefore, I, Abraham Lincoln, President of the United States of St Albans,
America, in attendance with the recommendation of the Secretary of the Trees- Vermont*
ury, do hereby declare and proclaim that the port of St Albans, in the State of
Vermont, is, and shall be, entitled to ail the privileges in regard to the exporta-
tion of merchandise in bond to the British North American Provinces adjoining
the United States, which are extended to the ports enumerated in the 7th sec*
tion of the act of congress of the 3d of March, 1845, aforesaid, from and after
the date of this proclamation.

In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington, this tenth day of January, in the year
[l. a.] of our Lord one thousand eight hundred and sixty-five, and of the
Independence of the United States of America the eighty-ninth.

ABRAHAM LINCOLN.

By the President :

William H. Sewabd, Secretary of State.

752

APPENDIX.

No. 26.

' FriKl7,1868. BT THE PRESIDENT OF THE UNITED STATES OF AMERICA .

A PKOCLAMATION.

Whbbbas objects of interest to the United States require that the Senate
should be convened at twelve o'clock on the fourth of March next, to receive
and act upon such communications as may be made to it on the part of the
Executive :

Extraordinary Now, therefore, I, Abraham Lincoln*, President of the United States, have
session of the considered it to be my duty to issue this, my Proclamation, declaring that an
March ex traordinary occasion requires the Senate of the United States to convene for

maxca «, ±009* ^ transactionof business at the Capitol, in the city of Washington, on the fourth

day of March next^ at twelve o'clock at noon on that day, of which all who shall
at that tune be entitled to act as members of that body are hereby required to
take notice.

Given under my hand and the seal of the United States, at Washington,
the seventeenth day of February, in the year of our Lord one thousand
[l. s/J eight hundred and sixty-five, and of the Independence of the United
States of America the eighty-ninth.

ABBAHAM LINCOLN,

By the President :

William H. Sbtcabd, Secretory of State*

No. 27.

March 11, 18ftS. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA :

A PROCLAMATION.

Preamble. Whbbbas the twenty-first section of the act of congress, approved on the
1865 eh. 79 $ fil> third instant^ entitled "An act to amend the several acts heretofore passed to
Ante n! provide for the enrolling and calling out the national forces, and for other pur-
' poses,* requires " that in addition to the other lawful penalties of the crime of

desertion from the military or naval service, all persons who have deserted the
military or naval service of the United States who shall not return to said ser-
vice, or report themselves to a provost-marshal within sixty days after the proc-
lamation hereinafter mentioned, shall be deemed and taken to have voluntarily
relinquished and forfeited their rights of citizenship and their rights to become
citizens, and such deserters shall be forever incapable of holding any office of
trust or profit under the United States, or of exercising any rights of citizens
thereof; and all persons who shall hereafter desert the military or naval service,
and all persons who, being duly enrolled, shall depart the jurisdiction of the dis-
trict in which be is enrolled, or go beyond the limits of the United States with
intent to avoid any draft into the military or naval service, duly ordered, shall
be liable to the penalties of this section. And the President is hereby author-
ized and required forthwith, on the passage of this act, to issue his proclamation
setting forth the provisions of this section, in which proclamation the President
is requested to notify all deserters returning within sixty days as aforesaid that
they shall be pardoned on condition of returning to their regiments" and compa-
nies or to such other organizations as they may be assigned to, until they shall
have served for a perioa of time equal |o their original term of enlistment : *
Xtesertero or- Now, therefore, be it known that I, Abraham Lincoln, President of the
dered to return. United States, do issue this my proclamation, as required by said act, ordering

and requiring all deserters to return to their proper posts ; and I do hereby notify
them that all deserters who shall, within sixty days from the date* of this procla-
mation, viz : on or before the tenth day Of May, 1865, return to service or re-
Pardon on con- port themselves to a provost-marshal, shall be pardoned, on condition that they
dition, &c * return to their regiments and companies, or to such other organizations as they

APPENDIX. 758

may be assigned to, and serve the remainder of their original terms of enlistment,
and, in addition thereto, a period equal to the time lost by desertion.'

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed.

Done at the city of Washington, this eleventh day of March, in the
s*3 year of onr Lord one thousand eight hundred and sixty-five, and of
the Independence of the United States the eighty-ninth.

ABRAHAM LINCOLN.

By the President :

Wiixiam H. Sewabd, Secretary of State*

No. 28.

BY THE PRESIDENT OF THE UNITED STATES OF AMEBIC A; March 17, tm.

A PROCLAMATION.

Whereas, reliable information has been received that hostile Indians within preamble,
the limits of the United States have been furnished with arms and munitions of
war by persons dwelling in conterminous foreign territory, and are thereby
enabled to prosecute their savage warfare upon the exposed and sparse settle
mento of the frontier. * ^ ^

Now, therefore, be it known that I, Abraham Lincoln, President of the persons far-
United States of America, do hereby proclaim and direct that all persons nhhing hostile
detected in that nefarious traffic shall be arrested and tried by court-martial at Indians within
the nearest military post, and, if convicted, shall receive the punishment due to united^St^tes 18
their deserts. atm6 to ^

In witness whereof, I have hereunto set my hand, and caused the seal of the arrested,
United States to be affixed.

Done at the city of Washington, this seventeenth day of March, in the
[l. s.] year of our Lord one thousand eight hundred and sixty-five, and of
the Independence of the United States the eighty-ninth.

ABRAHAM LINCOLN.

By the President:

William H. Sbwari>, Secretary of Skate*

No. 29.

BY THE PRESIDENT OF THE UNITED STATES OP AMERICA : April 11, 1865.

A PROCLAMATION.

Whereas, by my Proclamations of the nineteenth and twenty-seventh days Preamble,
of April, one thousand eight hundred and sixty-one, the ports of the United
States in the States of Virginia, North Carolina, South Carolina, Georgia, Flor- ™.x«".pp.l258,
ida, Alabama, Mississippi, Louisiana, and Texas, were declared to be subject to
blockade ; but whereas the said blockade has, in consequence of actual military
occupation by this government, since been conditionally set aside or relaxed in
respect to the ports of Norfolk and Alexandria, in the State of Virginia ; Beau*
fort, in the State of North Carolina ; Port Royal, in die State of South Caro-
lina; Pensacola and Fernaudina, in the State of Florida; and New Orleans,
in the State of Louisiana ;

And whereas, by the fourth section of the act of congress, approved on the 1861, cb. 3 t § 4,.
thirteenth of July, eighteen hundred and sixty-one, entitled "An act further VoL xn\ p. 257.
to provide for the collection of duties on imports and for other purposes," the
President, for the reasons therein set forth, is authorized to close certain ports
of entry:

Now, therefore, be it known, that I, Abraham Lincoln, President of the Certain ports
United States, do hereby proclaim that the ports of Richmond, Tappahannock, close JU

754 APPENDIX.

Cherrystone, Yorktown, and Petersburg, in Virginia ; of Camden,
City,) Edenton, Plymouth, Washington, Newbern, Ocracoke, and V
in 'North Carolina; of Charleston , GeorgetoTvti. and Beaufort, in South

(Jacksonville,) and Apalachicola, in Florida ; of Teche, (Franklin,) in Louisi-
ana ; of Galveston, La Salle, Brazos de Santiago, (Point Isabel,) and Browns-
ville, in Texas, are hereby closed, and all right of importation, warehousing,
and other privileges, shall, in respect to the ports aforesaid, cease until they
shall have again been opened by order of the President ; and if, while said ports
are so closed, any ship or vessel from beyond the United States, or having on
board any articles subject to duties, shall attempt to enter any such port, the
same, together with its tackle, apparel, furniture, and cargo, shall be forfeited
to the United States.

In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed*

Done at the city of Washington, this eleventh day of April, in the year
[l. s.] of our Lord one thousand eight hundred and sixty-five, and of the
Independence of the United States of America the eighty-ninth.

ABRAHAM LINCOLN.

By the President :

William H. Seward, Secretary of State,

No. 30*

April ll.,l86g BY THE PRESIDENT OF THE UNITED STATES OF AMERICA :

A PROCLAMATION.

Whereas, by my Proclamation of this date, the port of Key West, in the
State of Florida, was inadvertently included among those which are not open
to commerce:

Fort of Key Now, therefore, be it known, that I, Abraham Lincoln, President of the
West to remain United States, do hereby declare and snake known that the said port of Key
open. West is and shall remain open to foreign and domestic commerce upon the same

conditions by which that commerce has there hitherto been governed.

In testimony whereof, I have hereunto set my hand* and caused the seal of
the United States to be affixed.

Done at the city of Washington, this eleventh day of April, in the year
£x» s.] of our Lord one thousand eight hundred and sixty-five, and of the
Independence of the United States of America the eighty-ninth.

ABE AH AMT LINCOLN.

By the President :

William H* Sewabd, Secretary of State,

No. 81.

April 11, 1865. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Preamble* Whereas, for some time past, vessels of war of the United States have been
refused, in certain foreign ports, privileges and immunities to which they were
entitled by treaty, public law, or the comity of nations, at the same time that
vessels of war of the country wherein the said privileges and immunities have
been withheld have enjoyed them fully and uninterruptedly in ports of the
United States, which condition of things has not always been forcibly resisted
bv the United States, although, on the other hand, they have not at any time
failed to protest against ana declare their dissatisfaction with the same ; [and
whereas] in the view of the United States, no condition any longer exists which

APPENDIX. 755

can be claimed to justify the denial to them, by any one of such nations, of cus-
tomary naval rights, as has heretofore been so unnecessarily persisted in :

Now, therefore, I, Abraham Lincoln, President of the United States, do Reciprocal
hereby make known, that if, after a reasonable time shall have elapsed for intel* hospitalities to
ligence of this Proclamation to have reached any foreign country in whose ports vessels- of war.
the said privileges and immunities shall have been refused, as aforesaid, they
shall continue to be so refused, then and thenceforth the same privileges and
immunities shall be refused to the vessels of war of that country in the ports of
the United States, and this refusal shall continue until war vessels of the united
States shall have been placed upon an entire equality in the foreign ports afore-
said with similar vessels of other countries — the United States, whatever claim
or pretence may have existed heretofore, are now, at least, entitled to claim
and concede an entire and friendly equality of rights and hospitalities with all
maritime nations.

In witness whereof, I have hereunto set my hand, and caused the seal of the
United States tc be affixed*

Bone at the city of Washington, this eleventh day of April, in die year
[i*. s.] of our Lord one thousand eight hundred and sixty-nve, and of the
Independence of the United States of America the eighty-ninth.

ABRAHAM LINCOLN.

By the President :

William H. Seward, Secretary of State*

No. 82.

BY THE PRESIDENT OP THE UNITED STATES OP AMERICA: April 25, 1865.

A PROCLAMATION*

Whereas, by my direction, the Acting Secretory of State, in a notice to Preamble*
the public of the seventeenth,* requested the various religious denominations
to assemble on the nineteenth instant, on the occasion of the obsequies of
Abraham Lincoln, late President of the United States, and to observe the
same with appropriate ceremonies, bat whereas our country has become one great
house of mourning, where the Head of the Family has been taken away; and*
believing that a*special period should be assigned for again humbling ourselves
before Almighty God, in order that the bereavement may be sanctified to the
nation:

Now, therefore, in order to mitigate that grief on earth which can only be Day of homil-
assnaged. by communion with the Father in heaven, and in compliance with i*£<> n &&d
the wishes of senators and representatives in Congress, communicated to me by m S?? ,gap "
Resolutions adopted at the national Capitol, I, Andrew Johnson, President ^°
of the United. States, do hereby appoint Thursday the twenty-fifth day of May
next, to be observed, wherever in the United States the nag of the country
may be respected, as a day of humiliation and mourning, andl recommend my
fellow-citizens then to assemble in their respective places of worship, there to
unite in solemn service to Almighty God, in memory of the good man who has
been removed, so that all shall be occupied, at the same time, in contemplation
of his virtues and in sorrow for his sudden and violent end.

In witness whereof, I have hereunto set my hand, and eaused the seal oi the
United States to be affixed.

Done at the city of Washington, the twenty-fifth day of April, in the
[l. s.] year of our Lord one thousand eight hundred and sixty-five, and of
the Independence of the United States of America the eighty-ninth.

By the President, ANDREW JOHNSON.

W- Hunter, Acting Secretary of Bate.

1 TO THE PEOPLE OF THE UNITED STATES.

The undersigned hi directed to announce that the funeral ceremonies of the late lamented Pay of the
Chief Magistrate, will take place at the Executive Mansion, in this city, at twelve o'clock funeral ceremo-
aioon, on Wednesday, the 19th instant. The respective religious denominations throughout tiles of Abraham
the country are invited to meet in their places of worship, at that hour, for the purpose of Lincoln at
solemnizing the occasion with appropriate ceremonies. Washington*

W. Hunter, Acting Secretary of State,

Department of State, Washington, April 17, 1365.

APPENDIX

No. 88.

April 89, 18 65. BT THE PRESIDENT OF THE UNITED STATES 09 AMERICA

A PROCLAMATION.

Preamble.

Day of mourn-
ing postponed.

Whereas, by my Proclamation of the twenty-fifth instant, Thursday, the
twenty-fifth day of next month, was recommended as a day for special humilia-
tion and prayer in consequence of the assassination of Abraham Lincoln,
late President of the United States, but, whereas, my attention has since been
called to the met that the day aforesaid is sacred to large numbers of Christians
as one of rejoicing for the Ascension of the Saviour :

Now, therefore, be it known, that I, Andrew Johnson, President of the
United States,- do hereby suggest, that the religious services, recommended as
aforesaid, should be pos&jxmea until Thursday the first day of June next

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed*

Done at the city of Washington, this twenty-ninth day of April, in the
[l* &] year of our Lord one thousand eight hundred and sixty-five, and of
the Independence of the United States of America the eighty-ninth.

ANDREW JOHNSON.

By the President :

W. Hunter, Acting Secretory of State.

No. 84.

May a, 1865. BY THE PRESIDENT OF THE UNITED STATES OP AMERICA:

A PROCLAMATION.

Preamble*

Bewards of-

fere4 for the
arrest of Jefferson
Davis, and
others, for con*
spiring to pro-
cure the rnurder
of Abraham
Lincoln*

Post, p. 77$.

Whereas it appears, from evidence in the bureau of military justice, that
the atrocious murder of the late President Abraham Lincoln, and the at*
tempted assassination of the Honorable William H. Seward, Secretary of State,
were incited, concerted, and procured by and between Jefferson Davis, late of
Richmond, Virginia ; and Jacob Thompson, Clement C. Clay, Beverly Tucker,
George N. Saunders, William C. Cteary, and other rebels and traitors against
the government of the United States, harbored in Canada :

Not, therefore, to the end that justice may be done, I, Andrew Johnson,
President of the United States, do offer and promise for the arrest of said
persons, or either of them, within the limits of the United States, so that they
can be brought to trial, the following rewards:
One hundred thousand dollars for the arrest of Jefferson Davis.
Twenty-five thousand dollars for the arrest of Clement C. Clay.
Twenty-five thousand dollars for the arrest of Jacob Thompson, late of

Twenty-five thousand dollars for the arrest of George N. Saunders.
Twenty-five thousand dollars fbr the arrest of Beverly Tucker*
Ten thousand dollars for the arrest of William C. Cleary, late clerk of
dement C. Clay.

The Provost Marshal General of the United States is directed to cause a
description of said persons, with notice of the above rewards, to be published.

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed.

Done at the city of Washington, this second day of Mar, in the year of
[l. S»] our Lord one thousand eight hundred and sixty-five* and of the
Independence of the United States of America the eighty-ninth.

ANDREW JOHNSON.

By the President:

W. Hunter* Acting Secretary of State.

APPENDIX. 757

<;

No. 85.

BY TBI? PBBSIDENT OF THE UNITED STATES OF AMERICA: May 10^868.

A PROCLAMATION.

Whbrras the President of the United States, by his Proclamation of the Preamble,
nineteenth day of April, one thousand eight hundred and sixty-one, did declare y ^ ^
certain States therein mentioned in insurrection against the government of the
United States ;

And whereas armed resistance to the authority of this government in the
said insurrectionary states may be regarded as virtually at an end, and the per-
sons by whom that resistance, as well as the operations of insurgent cruisers,
was directed, are fugitives or captives ;

And whereas it is understood that some of those cruisers are stall infesting
the high seas, and others are preparing to capture, burn, and destroy vessels of
the United States :

Now, therefore, be it known, that I, j&ndrbw Johnson, President of the Insurgent
United States, hereby enjoin all naval military, and civil officers of the United ^mrors to be ar-
States, diligently to endeavor, by all lawfU means, to arrest the said cruisers, m»*o» »*>
and to brinir them into a port of die United States, in order that they may be
prevented from committing further depredations on commerce, and tnat the per-
sons on hoard of them may no longer enjoy impunity for their crimes.

And I do further jiroclaim and declare, that if, after a reasonable time shall ^^f*^ 68
have elapsed for tins Proclamation to become known in the ports of nations Si^i^ 8 ™*^
claiming to have been neutrals, the said insurgent cruisers ana the persons on <>f certain nations,
board or them shall continue to receive hospitality in the said ports, this gov- showing hospi-
ernment will deem itself justified in refusing hospitality to the public vessels of talities to insar-
such nations in ports of the United States, and in adopting such other measures gentcntisers after
as may be deemed advisable towards vindicating the national sovereignty. nonce.

In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Bone at the city of Washington, this tenth day of May, in the year of
[ s. ] out I ord one thousand eight hundred and sixty-five, and of the Inde-
pendence of the United States of America the eighty-ninth,

ANDREW JOHNSON.

By the President :

W. Hunter, 4cting Secretary of State*

No* 36.

BY THE PRESIDENT OP THE UNITED STATES OF AMERICA: May 22, 1889.

a proclamation:

Whkrbas, by the Proclamation of the President of tbe eleventh day of preamble*
April last, certain ports of the United States therein specified, which had pre- Ante, p. 763.
viously been subject to blockade, were, for objects of public safety, declared, in
conformity with previous special legislation of congress, to be closed against
foreign commerce during the national will, to be thereafter expressed and made
known by the President ; and whereas events and circumstances have since oc-
curred which, in my judgment, render it expedient to remove that restriction,
except as to the ports of Galveston, La Salle, Brazos de Santiago, (Point Isa-
bel,) and Brownsville, in the State of Texas :

Now, therefore,' be it known, that I, Akdrbw Johnson, President of the Ports formerly
United States, do hereby declare that the ports aforesaid, not excepted as above, closed [reopened,
shall be open to foreign commerce from and after the first day of July next ; exce P t » &c *
that commercial intercourse with the said ports may, from that time, be carded
on, subject to the laws of the United States and in pursuance of such regula-
tions as may be prescribed by the Secretary of the Treasury. If, however, any
vessel from a foreign port shall enter any of the before-named excepted ports
in the State of Texas, she will continue to be held liable to the penalties pre-

vol. xm. Pob. — 64

788 APPENDIX.

scribed by the act of congress approved on the thirteenth day of July, eighteen
hundred and sixty-one, and the persons on board of her to such penalties as
may be incurred, pursuant to the laws of war, ibr trading or attempting to trade
with an enemy*

Belligerent And I, An drew Johnson, President of 1 the United States, do hereby declare
rights disallowed. an j make known that the United States of America do, henceforth, disallow to

all persons trading, or attempting to trade, in any ports of the United States in
violation of the laws thereof, all pretence of belligerent rights and privileges;
and ( give notice that from the date of this Proclamation, all such offenders
will be neld and dealt with as pirates.
Certain restric- It is also ordered! that all restrictions upon trade heretofore imposed in the
tions upon trade territory of the United States east of the Mississippi River, save those relating
removed. to contraband of war, to the reservation of the rights of the United States to

property purchased in the territory of an enemy, and to the twenty-five per
cent upon purchases of cotton, be removed. All provisions of the internal rev-
enue law will be carried into effect under the proper officers.

In witness whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington, this twenty-second day of May, in the
[i» 8»] year of our Lord one thousand eight hundred and sixty-five, and of
the Independence of the United States of America the eighty-ninth.

ANDREW JOHNSON.

By the President :

W. Huntbe, Acting Secretary of State*

No. 87*

May 29, 3865: BY TEE PRESIDENT OF THE UNITED STATES OF AMERICA :

A PROCLAMATION.

Preamble. Whereas the President of the United States, on the 8th day of Decern-
.4^ PP- 787, ber, A. D. eighteen hundred and sixty-three, and on the 26th «day of March,
A. D. eighteen hundred and sixty-four, did, with the object to suppress the ex-
isting rebellion, to induce all persons to return to their loyalty, and to restore
the authority of the United States, issue proclamations offering* amnesty and
pardon to certain persons who had directly or bv implication participated in the
said rebellion ; and whereas many persons who bad so engaged in said rebellion
have, since the issuance of said proclamations, failed or neglected to take the
benefits offered thereby ; and whereas many persons who have been justly do*
jmved of all claim to amnesty and pardon thereunder, by reason of their par-
ticipation, directly or by implication, in said rebellion, and continued hostility to
the government of the United States since the date of said proclamations, now
desire to apply for and obtain amnesty and pardon :
, Amnesty and To the end, therefore, that the authority of the government of the United States
pardon muted, may be restored, and that peace, order, and freedom may be established, I, An-
except, &c drew Johnson, President of the United States, do proclaim and declare that

I hereby grant to all persons who have, directly or indirectly, participated in the
existing rebellion, except as hereinafter excepted, amnesty and pardon, with
restoration of all rights of property, except «as to slaves, and except in cases
where legal proceedings, under the laws of the United States providing for the
confiscation of property of persons engaged in rebellion, have been instituted ;
but upon the condition, nevertheless, that every such person shall take and sub-
scribe the following oath, (or affirmation,) and thenceforward keep and main-
tain said oath inviolate ; and which oath shall be registered for permanent pres-
ervation, and shall be of the tenor and effect following, to wit :■
Form of oath. '* I, ■ * , do solemnly swear, (or affirm,) in presence of Almighty God, that
I will henceforth faithfully support, protect, and defend the Constitution of the
United States, and the union of the States thereunder ; and that I will, in like
manner, abide by, and faithfully support all laws, and proclamations which have
been made during the existing rebellion with reference to the emancipation of
slaves. So help me God."
Classes of The following classes of persons are* excepted from the benefits of this Froc*
persons excepted, lamation : —

APPENDIX. 759

1st All who are or shall aave been pretended civil or diplomatic officers, or
otherwise domestic or foreign agents, of the pretended confederate government;

2d. All who left judicial stations under the United States to aid the rebellion ;

3d. All who shaft have been military or naval officers of said pretended con-
federate government above the rank of colonel in the army or lieutenant in the
navy ;

4th. All who left seats in the Congress of the United States to aid the rebel-
lion ;

5th. All who resigned or tendered resignations of their commissions in the
army or navy of the United States to evade duty in resisting the rebellion ;

6th. All who have engaged in any way in treating otherwise than lawfully as
prisoners of war persons found in the United States service; as officers, soldiers,
seamen, or in other capacities ;

7th. All persons who have been, or are, absentees from the 'United States for
the purpose of aiding the rebellion ;

8ttk All military and navalofficers in the rebel service, who were educated by
the government in the Military Academy at West Point or die United States
Naval Academy ;

9 th. All persons who held the pretended offices of governors of states in in-
surrection against the United States ;

10th. All persons who left their homes within the jurisdiction and protection
of the United States, and passed beyond the federal military lines into the
pretended confederate states for the purpose of aiding the rebellion ;

11th. All persons who have been engaged in .the destruction of the commerce
* of the United .States upon the high seas, and all persons who have made raids
into the United States from Canada, or been engaged in destroying the com-
merce of the United States upon the lakes and rivers that separate the British
Provinces from the United States;

12th. All persons who, at the time when they seek to obtain the benefits
hereof by taking the oath herein prescribed, are in military, naval, or civil con-
finement, or custody, or under bonds of the civil, military, or naval authorities,
or agents of tUQ United States as prisoners of war, or persons detained for of-
fences of any land, either before or after conviction ;

13th. All persons who have voluntarily participated in said rebellion, and the
estimated value of whose taxable property is over twenty thousand dollars ;

14th. All persons who have taken the oath of amnesty as prescribed in the
President's Proclamation of December 8th, A D< 1863, or an oath of allegiance Ante, p. 737.
to the government of the United States since the date of said Proclamation, and
who have not thenceforward kept and maintained the same inviolate.

Provided, That special application may be made to the President for pardon Special apptU
by any person belonging to the excepted classes ; and such clemency will be cation may be
liberally extended as may be consistent with the facts of the. case and the peace awe.
and dignity of the United States.

The Secretary of State will establish rules and regulations 1 for administering Secretary of
and recording the said amnesty oath, so as to insure its benefit to* the people, State to establish
and guard the government against fraud. ruleB *

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed.

1 Utiles and Regulations estabUehed by the Secretary qf State,

DnpAKTMXNT or Stats, Washington, May 29, 1865.

Sir: A copy of the President's Amnesty Proclamation of this date is herewith appended.
By a clause in the instrument, the Secretary of State is directed to establish rules and reg-
mations for administering and recording the amnesty oath, so as to insure its benefits to the
people and guard the government against fraud. Pursuant to this injunction, you are in-
formed that the oath prescribed in the proclamation may be taken and subscribed before
any commissioned officer, civil, military, or naval, in the service of the United States, or
any civil or military officer of a loyal state or territory, who, by the laws thereof, may be
qualified for administering oaths. AH officers who receive such oaths are hereby author-
ized to give certified copies thereof to the persons respectively by -whom they were made.
And such officers are hereby required to transmit the originals of such oaths, at as early a
day as may be convenient, to this department where they will be deposited, and remain in
the archives of the government. A register thereof will be kept in the department, and on
application, in proper cases, certificates will be issued of such records in the customary form
of ofiicial certincates* I am sir,

Tour obedient servant,

WILUAM H. 8EWAED.

760 APPENDIX.

Done at the city of Washington, the twenty-ninth day; of May, in the
[In 0.] year of our Lord one thousand eight hundred and sixty-five, and of
the Independence of the United States the eighty ninth.

ANDREW JOHNSON.

By the President :

William H. Seward, Secretary of State.

No* S&V

May 29, 1865. BY THE PRESIDENT OF THE UNITED STATES OP AMERICA:

A PROCLAMATION.

Preamble. Whereas the fourth section of the fourth article of the Constitution of the
United States declares that the United States shall guarantee to every state
in the Union a republican form of government, and shall protect each of them
agaiust invasion and domestic violence; and whereas the President of the
United States is, by the constitution, made commander-in-chief of the army
and navy, as well as chief civil , executive officer of- the United States, and is
bound by solemn oath faithfully to execute the office of President of the United
States, and to take care that the laws be faithfully executed; and whereas the
rebellion, which has been waged by. a portion of the people of the United
States against the properly constituted authorities of the government thereof,
in the most violent and revolting form, but whose organized and armed forces
have now been almost entirely overcome, has, in its revolutionary progress,
deprived the people of the State of North Carolina of all civil government ;
and whereas it becomes necessary and proper to carry out and enforce the
obligations of the United States to the people of North Carolina, in securing
them in the enjoyment of a republican form of government :
Provisional Now/ therefore, in obedience to the high and solemn duties imposed upon me
governor an- by the Constitution of the United States, and for the purpose or enabling the
pointed'forNorth loyal people of said state to organize a state government, whereby justice may
Carolina. ^ established, domestic tranquillity insured, and loyal citizens protected in all

their rights of life, liberty, and property, I, Andrew Johnson, President of
the United States, and commander-in-chief of the army and navy of the
United States, do hereby appoint William W. Holden provisional governor of the
His duty and State of North Carolina, whose duty it shall be, at the earliest practicable
authority. period, to prescribe such rules and regulations as may be necessary and proper

for convemrg a convention, composed of delegates to be chosen by that portion
of the people of said state who are loyal to the United States, and no others,
for the purpose of altering or amending the constitution thereof; and with
authority to exercise, within the limits of said state, all the powers necessary
and proper to enable such loyal people of the Statp of North Carolina to restore
sajd state to its constitutional relations to the federal government, and to
present such a republican form of state government as will entitle tue state
to the guarantee of the United States therefor, and its people to protection
by the United States against invasion, insurrection, ana domestic violence ;
Qualifications Provided that, in any election that may be hereafter held for choosing delegates

Proclamation of May 29, A. D. 1865, and is a voter qualified as prescribed by
the constitution and laws of the State of North Carolina in force immediately
before the 20th day of May, A. D. 1861, the date of the so-called ordinance of
Convention, secession ; and the said convention, when convened, or the legislature that may
&c, to prescribe be thereafter assembled, will prescribe the qualification of electors, and the
qualifications,^, eligibility of A >ersons to hold office under the constitution and laws of the state, —

a power the people of the several states composing the Federal Union have
rightfully exercised from the origin of the government to the present time.
And I do hereby direct —
AH the depart- First. That the military commander of the department, and all officers and
meni^of &e persons in the military and naval service, aid and assist the said provisional
rcrerameat to governor in carrying into effect this Proclamation, and they are enjoined to
aid the proviso _ abstain trout, in any way, hindering, impeding, or discouraging the loyal people
ioual governor, from the organization of a state government as herein authorized.

APPENDIX. ?61

Second, That the Secretary of State proceed to put in force all laws of the
United States, the administration whereof belongs to the State Department,
applicable to the geographical limits aforesaid. v
Third. That the Secretary of the Treasury proceed to nominate for appoint-
ment assessors of taxes, ana collectors of customs and internal revenue, and
such other officers of the Treasury Department as are authorized by law, and
nt in execution the revenue laws of the United States within the geographical
mits aforesaid. In making appointments, the preference shall be given to
qualified loyal persons residing within the districts where their respective duties
are to be performed. But if suitable residents of the districts shall not be found,
then persons residing in other states or districts shall be appointed*

Fourth. That the Postmaster-General proceed to establish post-offices and
post-routes, and put into execution the postal laws of the United States within
the said state, giving to loyal residents the preference of appointment; but if
suitable residents are not found, then to appoint agents, &c, from other states.

Fifth. That the district judge for the judicial district in which North Caro-
lina is included proceed to hold courts within said state, in accordance with
the provisions of the act of congress. The Attorney-General will instruct die
proper officers to libel, and -bring to judgment, confiscation, and sale, property
subject to confiscation, and enforce the administration of justice within said
state in all matters within the cognizance and jurisdiction of the federal
courts.

Sixth. That the Secretary of the Navy take possession of all public property
belonging to the Navy Department within said geographical limits, 'and put in
operation all acts of congress in relation to naval alairs having application to
the said state. '

Seventh. That the Secretary of the Interior put in force the laws relating to
the Interior Department applicable to the geographical limits aforesaid.

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed.

Done at the city of Washington, this twenty-ninth day of May, in the
[l. s.] year of our Lord one thousand eight hundred and sixty-five, and of
the Independence of the United States the eighty-ninth. *

ANDREW JOHNSON.

By the President :

William H. Seward, Secretary of State.

Mb. 89.

BY THE PRESIDENT OP THE UNITED STATES OF AMERICA: junelMWR.

A PBOCLAMATION,

Whebkas the fourth section of the fourth article of the Constitution of the Fmamble,
United States declares that the United States shall guarantee to every state in
the Union a republican form of government, and shall protect each of them
against invasion and domestic violence ; and whereas the President of the
United States is, by the constitution, made <xnmnander-ra-clrief of the army
and navy, as well ♦as chief civil executive officer of the United States, and is
bound by solemn oath faithfully to execute the office of President of the United
States, and to take care that the laws be faithfully executed ; and whereas the
rebellion, which has been waged by a portion of the people of the United
States against the properly constituted authorities of the, government thereof,
in the most violent and revolting form, but whose oi^anized and armed forces
have now been almost entirely overcome, has, in its revolutionary progress,
deprived the people of the State of Mississippi of all civil government ; and
whereas it becomes necessary and proper to carry out and enforce the obliga-
tions of the United States to the people of Mississippi, in securing them in the
enjoyment of. a republican form of government :

Now, therefore, in obedience to the high and solemn duties imposed upon me Provisional
by the Constitution of the United States, and for the purpose of enabling the governor ap-
loyal people of said state to organize a state government, whereby justice f? 3, jjff for Mis "
may be established, domestic tianquillity insured, and loyal citizens protected in 8i8St PP i#
all their rights of life, liberty, and property, I, Andrew Johnson, President

64*

762

APPENDIX.

His duty and
authority*

Qualifications
of electors, and
for membership
of convention.

Convention,
&c to prescribe
Qualifications,
«sc*

AH the depart-
ments of the
United States
government to
aid the provis-
ional governor.

of the United States, and «>mmander-m-chief of the army and navy of the
United States, do hereby appoint William L. Sharkey, of Mississippi, provi-
sional governor of the State of Mississippi, whose duty it shall be, at tne earliest
practicable period, to prescribe such rules and regulations as may he necessary
and proper for convening a convention, composed of delegates to he chosen by
that portion of the people of said state who are loyal to the United States,
and no others, for the purpose of altering or amending the constitution thereof;
and with authority to exercise, within the limits of said state, all the powers
necessary and proper to enable such loyal people of the State of Mississippi to
restore said state to its constitutional relations to the federal government, and
to present such a republican form of state government as will entitle the state
to the {guarantee of the United States therefor, and its people to protection
by the united States against invasion, insurrection, and domestic violence ;
Provided that, in any election that may he hereafter held for choosing delegates
to any state convention as aforesaid, no person shall be qualified as an elector,
or shall be eligible as a member of such convention, unless he shall have pre-
viously taken and subscribed the oath of amnesty, as set forth in the President's
Proclamation of May 29, A. D. 1865, and is a voter qualified as prescribed
by the constitution and laws of the State of Mississippi in force immediately
before the ninth (9th) of January, A. D, 1861, the date of the so-called
ordinance of secession; and the said convention, when convened, or the
legislature that may be thereafter assembled, will prescribe the qualification of
electors, and the eligibility of persons to hold office under the constitution and
laws of the state, — a power the people of the several states composing the
Federal Union have rightfully exercised from the origin of the government' to
the present time.
AM 2 do hereby direct —

First. That the military commander of the department, and all officers and
persons in the military and naval service, aid and assist the said provisional
governor in carrying into effect this proclamation, and they are enjoined to
abstain from, in any way, hindering, impeding, or discouraging the, loyal people
from the organization of a state government as herein authorized.

Second* That the Secretary oi State proceed to put in force all laws of the
United States, the administration whereof belongs to the State Department,
applicable to the geographical limits aforesaid.

Third. That the Secretary of the Treasury proceed to nominate for appoint*
ment assessors of taxes, and collectors of customs and internal revenue, and
such other officers of the Treasury Department as are authorized by law, and
put in execution the revenue laws of the United States within the geographical
limits aforesaid. In making appointments, the preference shall oe given to
qualified loyal persons residing within the districts where their respective duties
are to be performed. But if suitable residents of the district shall not be found,
then persons residing in other states or districts shall be appointed.

Fourth. That the Postmaster-General proceed to establish post-offices and
post-routes, and put into execution the postal laws of the United States within
tiie said state, giving to loyal residents the preference of appointment ; but if
suitable residents are not found, then to appoint agents, &c, from other states.

Fifth. That the district judge for the judicial district in which Mississippi is
included proceed to hold courts within said state, in accordance with the pro-
visions of the act of Congress. The Attorney-General will instruct the proper
officers to libel, and bring to judgment, confiscation, and sale, property subject
to confiscation, and enforce the administration of justice within .said state in
all matters within the cognizance and jurisdiction* of the federal courts.

Sixth. That the Secretary of the Navy take possession of ail public property
belonging to the Navy Department within said geographical limits, and put in
operation all acts of Congress in relation to naval affairs having application to
the said state.

Sevettth. That the Secretary of the Interior put in force the laws relating to
the Interior Department applicable to the geographical limits aforesaid.

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed. ^

Done at the city of Washington this thirteenth day of June, in the rear
[l. s.] of our Lord one thousand eight hundred and sixty-five, ami of the
Independence of the United States the eighty-ninth.

ANDREW JOHNSON.

By the President :

William H. Sewabd, Secretary of State*

APPENDIX.

763

Mo. 40.

BY THE PRESIDENT OP THE UNITED STATES OP AMERICA: June 18, 1865.

A PROCLAMATION.

Whereas, by my Proclamation [Executive order] of the twenty-ninth of Preamble.
April, one thousand eight hundred and sixty-five, all restrictions upon internal, -Pfli^p. 776.
domestic, and commercial intercourse, with certain exceptions therein specified
and set forth, were removed "in such parts of the States of Tennessee, Vir-
ginia, North Carolina, South 'Carolina, Georgia, Florida, Alabama, Mississippi)
and so much of Louisiana as lies east of the Mississippi River, as shall be em-
braced within the lines of national military occupation";

And whereas, by my Proclamation of the twenty-second of May, one thou- Jbite, p. 757.
sand eight hundred and sixty-five, for reasons therein given, it was declared
that certain ports of the United States which had been previously closed against
foreign commerce, should, with certain specified exceptions, be reopened to such
commerce on and after the first day of July next, subject to the laws of the
United States, and in pursuance of such regulations as might be prescribed by
the Secretary of the Treasury ;

And whereas I am satisfactorily informed that dangerous combinations against
the laws of the United States no longer exist within the State of Tennessee;
that die insurrection heretofore existing within said state has been suppressed ;
that within the boundaries thereof the authority of the United States is undis-
puted, and that such officers of the tFnited States as have been duly commis-
sioned are in the undisturbed exercise of their official functions :

Now, therefore, be it known, that I, Andrew Johnson, President of the Restrictions on
United States, do hereby declare that all restrictions upon internal, domestic, toad«»ea«t of tlie
and coastwise intercourse and trade, and upon the removal of products of states mo^e^-^oilhi-
heretofore declared in insurrection, reserving and excepting only those relating bandof war ex-
to contraband of war, as hereinafter recited, and also those which relate to the oepted*
reservation of the rights of the United States to property purchased in the ter-
ritory of an enemy, heretofore imposed in the territory of the United States
east of the Mississippi River, are annulled, and I do hereby direct that they be
forthwith removed ; and that, on and after the first day of July next, all res trie--
tions upon foreign commerce with said ports, with the exception and reserva-
tion aforesaid, be likewise removed ; and that the commerce of said states shall
be conducted under the supervision of the regularly appointed officers of the cus-
toms provided by law; and such officers of the customs shall receive any cap-
tured and abandoned property thatftnay be turned over to them, under the law,
by the military or naval forces of the United States, and dispose of such prop-
erty as shall be directed by the Secretary of the Treasury. The Mowing arti-
cles contraband of war are excepted from the effect of this Proclamation : arms,
ammunition, all articles from which ammunition is made, and gray uniforms and
cloth.

And I hereby also proclaim and declare that the insurrection, so far as it The htsurrec-
relates to and within the State of Tennessee, and the inhabitants of the said State tion m Tennes-
of Tennessee as reorganized and constituted under their recently adopted con- 866 declared sup-
stitution and' reorganization, and accepted by them, is suppressed; and there- P* 6888 *-
fore, also, that all the disabilities and disqualifications attaching to said state
and the inhabitants thereof consequent upon any proclamations issued by virtue
of the fifth section of the act entitled " An act further to provide for the col- 1863; eh. 3.
lection of duties on imports, and for other purposes," approved the thirteenth Vol. xU. p, 267.
day of July, one .thousand eight hundred and sixty-one, are removed.

But nothing herein contained shall be considered or construed as in anjr wise penalties, &c,
changing or impairing any of the penalties and forfeitures for treason heretofore for treason not
incurred under the laws of the United States, or any of the provisions, restric- impaired,
tions, or disabilities set forth in my Proclamation bearing date the twenty-ninth Former procla-
day of May, one thousand eight hundred and sixty-five, or as impairing existing stations, &c, to
regulations for the suspension of the habeas corpus, and the exercise of military be in force,
law in eases where it shall be necessary for the general public^ safety and wel-
fare daring the existing insurrection ; nor shall this Proclamation* affect, or in p. 753.
any way impair, any laws heretofore passed by congress, and duly approved by
the President, or any proclamations or orders issued by htm during the afore-
said insurrection, abolishing slavery, or in any way affecting the relations of

764 APPENDIX.

slavery, whether of persons or [of] property; bat, on the ontrary, all such
laws and proclamations heretofore made or issued are expressly saved and
declared to be in full force and virtue.

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed.

Done at 'the city of Washington, this thirteenth day of June, in the
[l. 8.} year of our Lord one thousand eight hundred and, sixty-five, and .of
the Independence of the United States of America the eighty-ninth.

ANDREW JOHNSON.

By the President:

William H. Sbward, Secretary of State*

"No. 41.

June 17, 1865. BY THE PRESIDENT OP THE UNITED STATES OP AMERICA :

Preamble.

Provisional
governor ap-
pointed for
Georgia.

His duty and
authority.

Qualifications
of electors, and
for membership
of convention.

Convention.
&c, to prescribe
qualification.

A PROCLAMATION.

Wherba8 the fourth section of the fourth article of the Constitution of the
United States declares that the United States shall guarantee to every state in
the Union a republican form of government, and shall protect each of them
against invasion and domestic violence; and whereas the President of the
United States is, by the constitution, made commander-in-chief of the army
and navy, as well as chief civil executive officer of the United States, and is
bound by solemn oath faithfully to execute the office of President of the United
States, and to take care that the laws be faithfully executed ; and whereas the
rebellion, which has been waged by a portion of the people of the United
States against the properly constituted authorities of the government thereof,
in the most violent and revolting form, but whose organized and armed forces
have now been almost entirely overcome, has, in its revolutionary progress,
deprived the people of the State of Georgia of all civil government; and
whereas it becomes necessary and proper to carry out and enforce the obliga-
tions of the United States to the people of Georgia, in securing them in the
enjoyment of a republican form of government :

Now, therefore, in obedience to the high and solemn duties imposed upon
me by the Constitution of the United States, and for the purpose of enabling
the loyal people of said state to organize a state government, whereby justice
may be established, domestic tranquillity insured, and loyal citizens protected
in all their rights of life, liberty, and property, I, Andrew Johnson, Presi-
dent of the United States, and commander-in-chief of the army and navy of
the United States, do hereby appoint James Johnson, of Georgia, provisional
governor of the State of Georgia, whose duty it shall be, at the earliest practi-
cable period, to prescribe such rales and regulations as may be necessary and
proper for convening a convention, composed of delegates to be chosen by that
portion of the people of said state who are loyal to the United States, and no
others, for the purpose of altering or amending the constitution thereof; and
with authority to exercise, within the limits of said state, all the powers neces-
sary and proper to enable such loyal people of the State of Georgia to restore
said state to its constitutional relations to the federal government, and to pre-
sent such a republican form of state government as will entitle the state to the
guarantee of the United States therefor, and .its people to protection by the
United States against invasion, insurrection, and domestic violence ; Provided
that, in any election that may be hereafter held for choosing delegates to any
state convention as aforesaid, no person shall be qualified as an elector, or shall
be eligible as a member of such convention, unless, he shall have previously
taken and subscribed the oath of amnesty, as set forth in the President's Procla-
mation of May 29, A. D. 1865, and is a voter qualified as prescribed by the
constitution and laws of the State 'of Georgia in force immediately before the
nineteenth (10th) of January, A. D. 1861, the date of the so-called ordinance
of secession ; and the said convention, when convened, or the legislature that
may be^ thereafter assembled, will prescribe the qualification of electors, and
the eligibility of persons to hold office under the constitution and laws of the
state, — a power the people of the several states composing the Federal Union
have rightfully exercised from, the origin of the government to the present time. •

APPENDIX. 765

And I do hereby direct —

First That the military commander of the department, and all- officers and All the depart-
persons in (he military and naval service, aid and assist the said provisional 5^5/1^1,
governor in carrying into effect this Proclamation* and they are enjoined to i™!?J:i?J^
abstain from, in anyway, hindering, impeding, or discouraging the loyal people ff d Z^v£
from the organization of a state government as herein authorized. atonal governor*

Second* That the Secretary of State proceed to put in force all laws of die
United States, the administration whereof belongs to the State Department,
applicable to the geographical limits aforesaid.

Third* That the Secretary of the Treasury proceed to nominate for appoint-
ment assessors of taxes, and collectors of customs and internal revenue, and
such other officers of the Treasury Department as are authorized by law, and
put in execution the revenue laws of the United States within the geographical
limits aforesaid. In making appointments, the preference shall be given to quali-
fied loyal persons residing witmn the districts where their respective duties are
to be performed. But if suitable residents of the districts shall not be found,
then persons residing in other- states or districts shall be appointed.

Fourth. That the Postmaster-General proceed to establish post-onices and
post-routes, and put into execution the postal laws of the United States within
the said state, giving to loyal residents the preference of appointment ; but
if suitable residents are not found, then to appoint agents, &c., from other
states.

Fifth* That the district judge for the judicial district in which Georgia is
included proceed to hold courts within said skate, in accordance with the pro-
visions of the act of congress. Hie Attorney-General will instruct the proper
officers to libel, and bring to judgment, confiscation, and sale, property subject
to confiscation, and enforce the administration of justice within said state in
all matters within the cognizance and jurisdiction of the federal courts.

Sixth, That the Secretary of the Navy take possession of all public prop-
erty belonging to the Navy Department within said geographical limits, and
put in operation all acts of congress in relation to naval affairs having applica-
tion to the said state.

Seventh. That the Secretary of the'Interior pnt in force the laws relating to
the Interior Department applicable to the geographical limits aforesaid.

In testimony whereof, 1 have hereunto set my hand, and caused the seal
of the United States to be affixed.

Done at the city, of Washington, this seventeenth day of June, in the year
[l. s.] of our Lord one thousand eight hundred and sixty-five, and of the
Independence of the United States the eighty-ninth.

ANDREW JOHNSON.

By the President :

William H. Sbwabd, Secretary of State.

No* 42.

BY THE PRESIDENT OP THE UNITED STATES OF AMERICA : June 17, 1865.

A PROCLAMATION.

Whereas the fourth section* of the fourth article of the Constitution of the Preamble.
United States declares that the United States shall guarantee to every state in the
Union a republican form of government, and shall protect each of them against
invasion and' domestic violence ; and whereas the President of the United .States
is, by the constitution, made commander-in-chief of the army and navy, as
well as chief civil executive officer of the United States, and is bound by solemn
oath faithfully to execute the office of President of .the United States, and to
take care that the laws be faithfully executed ; and whereas the rebellion, widen
has been waged by a portion of the people of the United States against the
properly constituted authorities of the government thereof, in the most violent
and revolting form, but whose organized and armed forces have now been al-
most entirely overcome, has, in its revolutionary progress, deprived the people
of the State of Texas of all civil government; and whereas it becomes neces-
sary and proper to carry out and enforce the obligations of the United States

766 APPENDIX.

to the people of the State of Texas, in seeming them in the enjoyment of a re-
publican form of government :
ProvfeJonal 2?ow, therefore, in obedience to the high and solemn duties imposed upon me
governor ap» by the Constitution of the United States, and for the purpose of enabling the
pointed for \ y£ people of said state to organize a state government, whereby justice may
***** be established, domestic tranquillity insured, and loyal citizens protected in all

their rights of life, liberty, and property, I, Andbew Johnson, President of
the United States, and commander-in-chief of the army and navy of the United
States, do hereby appoint Andrew J. Hamilton, of Texas, provisional' governor
His duty and of the State of Texas, whose duty it shall be, at the earliest practicable
authority. period, to prescribe such rules and regulations as may be necessary and

proper for convening a convention, composed of delegates to be chosen by that
portion of the people of said state who are loyal to the United States, and no

others, for the purpose of altering or amending the constitution thereof; and
with authority to exercise, within the limits of said state, all the powers neces-
sary and proper to enable such loyal people of the State of Texas to restore
said state to its constitutional relations to the federal government, and to pre-
sent such a republican form of state government as will entitle the state to the-
guarantee of the United States therefor, and its people to protection by the
Qualification United States against invasion, insurrection, and aomestic violence; Provided
of Sectors, and that, in any election that may be hereafter held for choosing delegates to any
for membership state convention as aforesaid, no person shall be qualified as an elector, or shall
of the conven- ^ eligible as a member of such convention, unless he shall have previously

taken and subscribed the oath of amnesty, as set forth in the President's Proc-
lamation of May 29, A. D. 1865, and is a voter qualified as prescribed by the
constitution and laws of the State of Texas in, force immediately before the first
[1st] day of February, A. D. 1861, the date of the so-called^ ordinance of seces-
Conventfon, saon ; and the said convention, when convened, or the legislature that may be
&c, to prescribe thereafter assembled, will prescribe the qualification of electors, and the eligi-
qualification. Mity of persons to hold office under the constitution and laws of the state, —

a power the people of the several states composing the Federal Union have
rightfully exercised from the origin of the government to the present time.
And I do hereby direct, —
All the depart- First ^ That the military commander of the department, and all officers and
meats of the persons in the military and naval service, aid and assist the said provisional gov*
United St**®* emor in carrying into effect this Proclamation, and they are enjoined to abstain
aid^smov^ from, in any way, hindering, impeding, or discouraging^ the loyal people* from
atonal governor, the organization of a state government as herein authorized.

Second. That the Secretary of State proceed to put in force all laws of the.
United States, the administration whereof belongs, to the State Department,
applicable to the geograptocat>limits aforesaid.

Third* That the Secretary of the Treasury proceed to nominate for appoint-
ment assessors of taxes, and collectors of customs and internal revenue, and
such other" officers of the Treasury Department as are authorized by law, and
•put in execution the revenue laws of tne United States within the geographical
limits aforesaid. In making appointments, the preference shall be given to
qualified loyal persons residing within the districts where their respective duties'
are to be performed. But if suitable residents of the districts shall not be found,
then persons residing in other states or districts shall Be appointed.

Fourth* That the Postmaster-General proceed to establish post-offices and
post-routes, and put into execution the postal laws of the United States within
the said state, giving to loyal residents the preference of appointment ; but if
, suitable residents are not found, then to appoint agents, &c., from other states.
Fifth. That th<* district judge for the judicial district in which Texas is in-
cluded proceed to hold courts within said state, in accordance with the pro-
visions of the act of congress* The Attorney-General will instruct 'the proper
officers to libel, and bring to judgment, confiscation, and sale, property subject
to confiscation, and enforce the administration of justice within said statejn all
matters within the cognizance and jurisdiction of the federal courts.

Sixth* That the Secretary of the Navy take possession of all public property
belonging to the Navy Department within said geographical limits, and put in
operation all acts of congress in relation to naval affairs having application to
the said state*

Seventh* That the Secretary of the Interior put in force die laws relating to
the Interior Department applicable to the geographical limits aforesaid.

In testimony whereof, I have hereunto set my hand, and caused die seal of
the United States to be affixed*

APPENDIX. 767

Done at the city of Washington this seventeenth day of Jane, in (he year
[u S.] of our Lord one thousand eight hundred and Body-five, and of the In*
dependence of the United States the eighty-ninth.

Andrew Johnson.

By the President:

William H. Seward, Secretary of State*

No, 43.

BY THE PRESIDENT OP THE UNITED STATES OP AMERICA : Jtme a, 1865.

A PROCLAMATION.

Whereas the fourth, section of the fourth article of the Constitution of the Preamble.
United States declares that the United States shall guarantee to every state in the
Union a republican form of government! and shall protect each of them against
invasion and. domestic violence ; and whereas the President of the United States
is, by the constitution, made commander-in-chief of the army and navy as well
as chief civil executive officer of the United States, and is bound by solemn
oath faithfully to execute the office of President of the United States, and to
take care that the laws he faithfully executed ; and whereas the rebellion, which
has been waged by a portion of the people of the United States against the
properly constituted authorities of the government thereof, in the most violent
ana revolting form, bat whose organized and armed force* have now been al-
most entirely overcome, has, in its revolutionary progress, deprived the people
of the State of Alabama of all civil government ; and whereas it becomes nec-
essary and proper to carry out and enforce the obligations of the United States
to the people of Alabama, in securing them in the enjoyment of a republican
form of government :

Now, therefore, in obedience to the high and solemn duties imposed upon me Provisional
by the Constitution of the United ^ States, and for the purpose of enabling the governor op-
loyal people of said state to organise a state government, whereby justice may p^ted for Ala-
be established, domestic tranquillity insured, and loyal citizens protected in all Da,na •
their rights of life, liberty, and property, I, Andrew Johnson, President of
the United States, and commander-in-chief of the army and navy of the United
States, do hereby appoint Lewis E. Parsons, of Alabama, provisional governor
of the State of Alabama, whose duty it shall be, at the earliest practicable period, His duty and
to prescribe such rules and regulations as may be necessary and proper for con- authority,
vening a convention, composed of delegates to.be chosen by that portion of the
people of said state who are loyal to the United States, and .no others, for the
purpose of altering or amending the constitution thereof; and with authority to
exercise, within the limits of said state, all the powers necessary and proper to
enable such loyal people of the State of Alabama to restore said state to its
constitutional relations to the federal government, and to present such a repub-
lican form of state government as will entitle the state to the guarantee oi the
United States therefor, and its people to protection by the United States against
invasion, insurrection, and domestic violence ; Provided that, in any election that Qualification
may be hereafter held for choosing delegates to any state convention as afore- SfL Y^J? d
said, no person shall be qualified as an elector, or shall be eligible as a member oTttoconv<S- P
of such convention, unless he shall have previously taken and subscribed the tfoiu
oath of amnesty, as set forth in the President's Proclamation of May 29, A. D.
1S65, and is a voter qualified as prescribed by the constitution and laws of the
State of Alabama in force immediately before the eleventh day of January, A* D.
1861, the date of the so-called ordinance of secession ; and the said convention, Convention
when convened, or the legislature that may be thereafter assembled, will pre* &c, to prescribe
scribe the qualification of electors, and the eligibility of persons to hold office qualification*
under the constitution and laws of the state, — a power the people of the several
states composing the Federal Union have rightfully exercised from the origin of
the government to the present time*

And I do hereby direct, — •

First, That the military commander of the department, and all officers and AH the depart*
persons ^n the military and naval service, aid and assist the said provisional ~ e ?*f,°£ the
governor in carrying into effect this Proclamation, and they are enjoined to ab- HSSjiSI^
tftain from, in any way, hindering, impeding, or discouraging the loyal people the provi-
from the organization of a state government as herein authorized. atonal governor*

7«S APPENDIX.

Second. That the Secretary of State proceed to pat in force all laws of the
United States, the administration whereof belongs to the State Department,
applicable to the geographical limits aforesaid.

Third. That the Secretary of the Treasury proceed to nominate for appoint-
ment assessors of taxes, and collectors of customs and internal revenue, and
such other officers of 'the Treasury Department as are authorized by law, and
pat in execution the revenue laws of the United States within the geographical
limits aforesaid. In making appointments, the preference shall be given to qual-
ified loyal persons residing within the districts where their respectave^duties are
to be performed. But if suitable residents of the districts shall not be found,
then persons residing in other states or districts shall be appointed.

Fourth* That the Postmaster-General proceed to establish post-offices and
post-routes, and put into execution the postal laws of the United States within
the said state, giving to loyal residents the preference of appointment ; but if
suitable residents are not found, then to appoint agents, &c M from other states.

Fifth. That the district judge for the judicial district in which Alabama is
included proceed to hold courts within said state, in accordance with the pro-
visions of the act of Congress. The Attorney-General will instruct the proper
officers to libel, and bring to judgment, confiscation, and sale, property .subject
to confiscation, and enforce the administration of justice within said state in all
matters within the cognizance and jurisdiction of "the federal courts.

Sixth. That the Secretary of the Navy take possession of all public property
belonging to the Navy Department within said geographical limits, and put in
operation all acts of Congress in relation to naval affairs having application to
the said state.

Seventh. That the Secretary of the. Interior put in force the laws relating to
the Interior Department applicable to the geographical limits aforesaid.

In testimony whereof, I nave hereunto set my hand, and caused the seal of
the United States to be affixed.

Done at the city of Washington, this twenty-first day of Jane, in the
[l. s. j year of our Lord one thousand eight hundred and sixty-five, and of
the Independence of the United States the eighty-ninth.

ANDfcEW JOHNSON.

By the President :

Wiixiam H. Seward, Secretary of State.

No. 44

June 28, 1865. BY TEE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Preamble. Whereas, by the proclamations of the President of the nineteenth and
Vol. xtt. pp. 1268, twenty-seventh of April, eighteen hundred and sixty-one, a blockade of certain
iaw ' ports of the United States was set on foot ; but, whereas, the reasons for that

measure have ceased to exist :
Blockade re- Now, therefore, be it known, that X, Andrew Johnson, President of the
scinded. United States, do hereby declare and proclaim the blockade aforesaid to be

rescinded as to all the ports aforesaid, including that of Galveston and other
ports west of the Mississippi River, which ports will be open to foreign com-
merce on the first of July next, on the terms and conditions set forth in my
Ante, p. 757. proclamation of the twenty-second of May last

Purposes of the It is to be understood, however, that the blockade thus rescinded was an
blockade. international measure for the purpose of protecting the sovereign rights of the

United States. The greater or less subversion of civil authority in the region
to which it applied, and the impracticability of at once restoring that in due
efficiency, may, for a season, make it advisable to employ the army and navy of
the United States towards carrying the laws into effect, wherever such, employ*
ment may be necessary*

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed.

.APPENDIX. 760

Done at the city of Washington, this twenty-third day of June, in the
[ii. S.] year of our Lord one thousand eight hundred and sixty-five, and of the
Independence of the United States of America the eighty-ninth.

ANDREW JOHNSON.

By the President:

W. Hunter, Acting Secretary of State.

No. 45.

BY THE PRESIDENT OF THE UNITED STATES : June 24, 1885.

A PROCLAMATION.

Whereas it has been the desire of the general government of the IJnited Preamble.
States to restore unrestricted commercial intercourse Between and in the several
states, as soon as the same could be safely done in view of resistance to Hie
authority of the United States by combinations of amed'msurgents ;

And whereas that desire has been shown in my proclamations of the twenty-
ninth of April, 1 one thousand eight hundred and sixty-five, the thirteenth of j^itfe, pp. 768,
June, one thousand eight hundred and sixty-five, and the twenty-third of June,
one thousand eight hundred and sixty-five ;

And whereas it now seems expedient and proper to remove restrictions upon
internal, domestic, and coastwise trade and commercial intercourse between and
within the states and territories west of the Mississippi River :

Now, therefore, be it known, that I, Andrew Johnson, President of the Eestrictions on
United States, do hereby declare that all restrictions upon internal, domestic, Sg^JSji
and coastwise intercourse and trade, and upon the purchase and removal of jjjJJJJgJ; OT
products of states and parts of states and territories heretofore declared, in
insurrection, lying west of the Mississippi River (excepting only those relating
to property heretofore purchased by the agents, or captured by or surrendered
to the forces of the United States, and to the transportation thereto or therein,
on private account, of arms, ammunition, all articles from which ammunition is
made, gray uniforms and gray cloth}, are annulled ; and I do hereby direct
that they be forthwith removed; and also that the commerce of such states,
and parts of states shall be conducted under the supervision of the regularly
appointed officers of the customs, [who] shall receive any captured and aban-
doned property that may be -turned over to them, under the law, by the mili-
tary or naval forces of the United States, and dispose of the same in accordance
with instructions on the subject, issued by the Secretary of the Treasury.

In testimony whereof, I nave hereunto set my hand, and caused the seal of
the United States to be affixed.

Done at the city of Washington, this twenty-fourth day of June, in the
[Im s.] year of our Lord one thousand eight hundred and sixty-five, and of
the Independence of the United States of America the eighty-ninths

ANDREW JOHNSON,

By the President :

W. Huntbb, Acting Secretary of State*

No. 46.

BY THE PRESIDENT OP THE UNITED STATES OF AMERICA:' June 80, 1866.

A PROCLAMATION.

Whkbbas the fourth section of the fourth article of the Constitution of the Preambled
United States declares that the United States shall guarantee to every state.in
the Union a republican form of government, and shall protect each of them
against invasion and domestic violence ; and whereas the President of the United
mates is, by the constitution, made commander-in-chief of the army and navy, as

1 Executive order. See Pott, p. 776.
vol. xiii. Pub. — 65

770 APPENDIX..

well as chief civil executive officer of the United States, and is-bound 'by solemn
oath faithfully to execute the office of President of the United States, and to take
care that the lavs be faithfully executed ; and whereas the rebellion, which has
been waged by a portion of the people of tbe United States against the prop-
erly constituted authorities of the government thereof in the most violent and
revolting form, bat whose organized and armed forces have now been almost
entirely overcome, has, in its revolutionary progress, deprived the people of the
State of South Carolina of all civil government ; and whereas it becomes neces-
sary and proper to carry oat and enforce the obligations of tbe United States to
the people of South Carolina, in securing them in the enjoyment of a republican
form of government :

Provisional

Now, therefore, m obedience to the high and solemn duties imposed upon me
governor ap» by the Constitution of the United States, and for the purpose of enabling the
pointed for South loyal people of said state to organize a state government, whereby justice
Carolina. may be established, domestic tranquillity insured, and loyal citizens protected

in all their rights of life, liberty, and property, I, Andrew Johnson7 Presi-
dent of the United States, ana commander4n-chief of the army and navy of
the United States, do hereby appoint Benjamin F. Ferry, of South Carolina,
His duty and provisional governor of the State of South Carolina, whose duty it shall be,
authority. at tbe earliest practicable period, to prescribe such rules and regulations as

may be necessary and proper for convening a convention, composed of dele-
gates to be chosen by that portion of the people of said state who are loyal
to the United States, and no others, for the purpose of altering or amending
the constitution thereof; and with authority to exercise, within the limits of
said state, all the powers necessary and proper to enable such loyal people of
the State of South Carolina to restore said state to its constitutional relations
to the federal government, and to present such a republican form of state gov-
ernment as win entitle the state to the guarantee of the United States therefor,
and its people to protection by the United States against invasion, insurrection,
Qualifications and domestic violence ; Provided that, in any election that may be hereafter
of electors, and of held for choosing delegates to any state convention as aforesaid, no person shall
coSvaSm ** e qualified as an elector, or shall be eligible as a member of such convention,
convention. unless he shall have previously taken and subscribed the oath of amnesty, as set

forth in the President's Proclamation of May 29, A. D., I860, and is a voter

Qualified as prescribed by the constitution and laws of the State of South Caro-
na in force immediately before the seventeenth (X7th) day of November, A* D.
Convention, i860, the date of the so-called ordinance of secession ; and the said convention,
o^WcaticnT wtt6n convened, or the legislature that may be thereafter assembled, will -pre-
cauons » scribe the qualification of electors, and the eligibility of persons to hold office
undeY the constitution and laws of the state, — a power the people of the several
states composing the Federal Union have rightfully exercised from the origin
of the government to the present time.
•And I do hereby direct —
All the depart* First That the military commander of the department, and all officers and
ments of the persons in the military and naval service, aid and assist the said provisional
United States governor in carrying into effect thief Proclamation, and they are enjoined to
government to abstain from, in any way, hindering, impeding, or discouraging the loyal people

sional«ovemor ^ e9ai o^™ 2 ** 1011 °* * state government as herein authorized.

* Second. That the Secretary o? State proceed to put in force all laws of the
United States, the administration whereof belongs to the State Department,
applicable to the geographical Hmits aforesaid.

Third. That tbe Secretary of the Treasury proceed to nominate for appoint-
ment assessors of taxes, and collectors of customs and internal revenue, and such
other officers of the Treasury Department as are authorized by law, and put in
execution the revenue laws of the United States within the geographical limits
aforesaid. In making appointments, the preference shall be given to qualified
loyal persons residing within the districts where their respective duties are to be
performed* But if suitable residents of the districts shall not be found, then
persons residing in other states or districts shall be appointed.

{Fourth. That the Postmaster-General proceed to establish post-offices and
poet-routes, and put into execution the postal laws of the United States vrithin
the said state, giving to loyal residents the preference of appointment ; but if
suitable residents are not round, then to appoint agents, &c., from other states.

Fifth. That the district judge for tbe judicial district in which South 9&rolina
is included proceed to hold courts within said state, in accordance with the pro-
visions of the act of congress. The Attorney-General will instruct the proper
officers to libel, and bring, to judgment, confiscation, and sale, property subject

APPENDIX. 771

to confiscation, and enforce the admimstration of justice within said state in all
matters within the cognizance and jurisdiction of the federal courts.

Sixth. That the Secretary of the Navy take possession of all public property
belonging to the Navy Department within said geographical limits, and' nut in
operation all acts of congress in relation to naval affairs having application to
tine said state*

Seventh. That the Secretary of the Interior put in force the laws relating to
the Interior Department applicable to the geographical limits aforesaid*

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed.

Done at the jcity of Washington tins thirtieth day of June, in the year of
[l. a.] our Lord one thousand eight hundred and sixty-five, and of the Inde-
pendence of the United Sates the eighty-ninth.

ANDREW JOHNSON.

By the President :

William H. Seward, Secretary of State,

No.47.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA : July 18, 1865.

A PBOCIAMAHON.

Whereas the fourth section of the fourth article of the Constitution of the Preamble.
United States declares that the United States shall guarantee to every state in the
Union a republican form of government, and shall protect each of them against
invasion and domestic violence ; and whereas the President of the United States
is, by the constitution, made couunander-in-chief -of the army and navy, as well
as chief civil executive officer of the United States, and is bound by solemn
oath faithfully to execute the office of President of the United States, and to
take care that the laws be faitlifuUy executed ; and whereas the rebellion, which
has been waged by a portion of the people of the United States against the.
properly constituted authorities of the government thereof, in the most violent
and revolting form, but whose organized, and armed forces have now been al-
most entirely overcome, has, in its revolutionary progress, deprived the people
of the State of Florida of all civil government ; and whereas it becomes neces-
sary and proper to carry out and enforce the obligations of the United States
to the people of Florida, in securing them in the enjoyment of a republican
form of government :

Now, therefore, in obedience to the high and solemn duties imposed upon me
by the Constitution of the United States* and for the purpose of enabling the
loyal people of said state to organize a state government, whereby j ustice mar
be established,, domestic tranquillity insured, and loyal citizens protected in all
their rights of life, liberty, and property, I, Andrew Johnson, President of
the United States, and commander-in-chief of the army and navy of the United
States, do hereby appoint William Marvin provisional governor of the State of Provisional
Florida, whose duty it shall be, at the earnest practicable period, to prescribe ^*roor ap-
such rules and regulations as may be necessary and prooer for convening a con- fJJJjli
vention, composed of delegates to be chosen by that portion of the people of said m& duty and
state who are loyal to the United States, and no others, for the purpose of alter- authority,
ing or amending the constitution thereof; and with authority to exercise, within
the limits of said state, all the powers necessary and proper to enable such
loyal people of the State of Florida to restore said state to its constitutional re-
lations to the federal government, and to present such a republican form of
state government as will entitle the state to the guarantee of the United^ States
' therefor, and its people to protection by the United States against invasion, in-
surrection, and domestic violence ; Provided that, in any election that may be ^Qualifications
hereafter .held for choosing delegates to any state convention as aforesaid, no ^ e n^e^of th
person shall be qualified as an elector, or shall be eligible as a member of such conv ^ aIU
convention, unless he shall have previously taken and subscribed the oath of
amnesty, as set forth in i&e President's Proclamation of May 29, A. D. 1865,
and is a voter qualified as prescribed by the constitution and laws of the State
of Florida in force immediately before the 10th day of January, A. D. 1861, the
date of the so-called ordinance of secession ; and the said convention, when con*

3» APPENDIX.

^ Convention, vened, or the legislature that may be thereafter assembled, will prescribe the
mSiificfS n q ualifica * ion of electors, and the eligibility of persons to hold office under the
quaim constitution and laws of the state, — a power the people of the several states

composing the Federal Union have rightfully exercised from the origin of the
government to the present time.

And X do hereby direct —
depart- First, That the military commander of the department, and all officers and
iS^etTtL persons in the military and naval service, aid ana assist the said provisional gov-

ernor in carrying ktoefiect this IWamltion, and they are enjoined to abstain
aid the provi- from, in any way, hindering, impeding, or discouraging the loyal people from
sional governor, the organization of a state government as herein authorized.

Second. That the Secretary of State proceed to put in force all laws of the
United States, the adininistration whereof belongs to the State Department,
applicable to the geographical limits aforesaid.

Third* That the Secretary of the Treasury proceed to nominate for appoint-
ment assessors of taxes, and collectors of customs and internal revenue, and such
other officers of the Treasury Department 1 as are authorized by law, and put in
execution the revenue laws of the United States within the geographical limits
aforesaid. In making appointments, the preference shall be given to qualified
loyal persons residing within the districts where their respective duties are to be
performed. But if suitable residents of the districts shall not be found, then
persons residing in other states or districts shall be appointed.

Fourth. That the Postmaster-General proceed to establish post-offices and post-
routes, and put into execution the postal laws of the United States within the
said state, giving to loyal residents the preference of appointment; but if suit-
able residents are not found, then to appoint agents, &c, from other states.

Fifth. That die district judge for the judicial district in which Florida is in-
cluded proceed to hold courts within said state, in accordance with the pro-
visions of the act of congress. The Attorney-General will instruct the proper
officers to libel, and bring to judgment, confiscation, and sale, property subject
to confiscation, and enforce the administration of justice within said state in all
matters within the cognizance and jurisdiction of the federal courts.

Sixth. That the Secretary of the Navy take possession of all public property
belonging to the Navy Department within said geographical limits, and put in
operation all acts of congress in relation to naval affairs having application to
the said State.

Seventh. That the Secretary of the Interior put in force the laws relating to
the Interior Department applicable to the geographical limits aforesaid.

In testimony whereof, I nave hereunto set my hand, and caused the seal of
the United States to be affixed.

Done at the dry of Washington, this thirteenth day of July, in the year
[l. s.] of our Lord one thousand eight hundred and sixty-five, and of the In-
dependence of the United States the ninetieth.

ANDREW JOHNSON.

By the President :

William H. Sbwabd* Secretary of Slate*

No. 48.

Augnst-29; 1885. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA :

A PROCLAMATION.

Preamble. Whereas, by my proclamations of the thirteenth and twenty-fourth of June,
^ Ante, pp. 763, one thousand eight hundred and sixty-five, removing restrictions, in part, upon

internal, domestic, and coastwise intercourse ana trade with those states
recently declared in insurrection certain articles were excepted from the effect
of said proclamations as contraband of war; and whereas the necessity for
restricting trade in said articles has now, in a great measure, ceased : it is
All restrictions hereby ordered, that on and after the 1st day of September, 1866, all restrio-
on trade re- tions aforesaid be removed, so that the articles declared by the said m-oclama-
moved. tions to be contraband of war, may be imported into and sold in said states,

subject only to such regulations as the Secretary of the Treasury may prescribe.

APPENDIX 778

In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed.

Done at the city of Washington, this twenty-ninth day of August) in the
[l. s.] year of our Lord one thousand eight hundred and sixty4rre» and of
the Independence of the United States of America the ninetieth.

ANDEEW JOHNSON.

By the President t

WittiAM H. Sevvabd, Secretary of State.

No. 49.

*

BT THE PRESIDENT OF THE UNITED STATES OF AMERICA : October 18, 186S.

A PROCLAMATION.

Whereas, by a Proclamation of the fifth day of July, one thousand eight Preamble,
hundred and sixty-four, the President of the United States, when the civil war .dnfe, p, 7*&
was flagrant, and when combinations were in progress in Kentucky for the pur-
pose or inciting insurgent raids into that' state, directed that the Proclamation
suspending the privilege of the writ of habeas corpus should be made effectual
in Kentucky, and that martial law should be established there, and^ continue
until said proclamation should be revoked or modified; and whereas since then
the danger from insurgent raids into Kentucky has substantially passed away :

Now, therefore, be it. known, that I, Andrew Johnson, President of the
United States* by virtue of the authority vested in me by the constitution, do to
hereby declare that the said Proclamation of the fifth day of July, one thousand ^ n0 longer in
eight hundred and sixty-foar, shall be, and is* hereby, modified, in so far that force in Ken-
martial law shall be no longer in force in Kentucky from and after the date tucky.
hereof.

In testimony whereof, I have hereunto set my hand, and caused the seal of the
United States to be affixed.

Done at the city of Washington, this twelfth day of October, in the year
[l. 8.] of our Lord one thousand eight hundred and sixty-five, and of the
Independence of the United States of America the ninetieth.

* ANDREW JOHNSON.

By the President :

W. Huntkb, Acting Secretary of State.

No. 50.

*

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA : October 28, 1865.

A PROCLAMATION.

Whereas it hasjpleased Almighty God, during the year which is now com* preamble,
ing to an end, to relieve our beloved country from the fearful scourge of civil
war, and to permit us to secure the blessings of peace, unity, and harmony,
with a great enlargement of civil liberty ;

And whereas our Heavenly Father has also, during the year, graciously
averted from ns the calamities of foreign war, pestilence, and famine, while our
granaries are full of the fruits of an abundant season ;

And whereas righteousness exalteth a nation, while sin is a reproach to any
people:

Now, therefore, be it known, that I, Andrew Johnson, President of Day of national
the United States, do hereby recommend to the people thereof that iheydo set mai&srfving ap-
Apart and observe the first Thursday of December next as a day of national 1>0itttea *
thanksgiving to the Creator of the universe for these great deliverances and
blessings.

And I do further recommend that on that occasion the whole people make
confession of our national sins against His infinite goodness, and with one

65*

774 APPENDIX-

heart and one mind implore the Divine guidance in the ways of national virtue
and holiness.

In testimony whereof I have hereunto set my hand, and caused Hie seal of
the United States to be affixed*

Done at the city of Washington, this twenty-eighth day of October, in
[!«• 8.] the year of our Lord one thousand eight hundred and sixty-five, and
of the Independence of the United States of America the ninetieth.

ANDREW JOHNSON*

By the President:

Wicuak IL Sbwabd, Secretary of Suae.

No. 51.

Dee. 1, 1865. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Preamble.

Whereas, by the Proclamation of Hie President of Hie United States, of Hie
fifteenth day of September, one thousand eight hundred and sixty-three, the
Ante, p. 781 privilege of the writ of habeas corpus was, in certain cases therein set forth) sus-
pended throughout the United States;

And whereas the reasons for that suspension may be regarded as having
ceased in some of the states and territories :
Suspension of Now therefore be it known, that I, Andrew Johhson, President of the
the writof habeas United States, do hereby proclaim and declare, that the suspension aforesaid
v ? 1 ? MceeiiMn an< * ®^ other proclamations and orders suspending the privilege of the writ of
certain states and ua ^ >ea8 corpus in the states and territories of the United States, are revoked and
territories, and annulled, excepting as to the States of Virginia, Kentucky, Tennessee, North
the District of Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana,
Columbia. Arkansas, and Texas, the District of Columbia, and the Territories of , New

Mexico and Arizona.

In witness whereof, I have. hereunto set my hand, and caused, the seal of »the
United States to be affixed.

Done at the city of Washington, this first day of December, in the vear
[l. s.] of our Lord one thousand eight hundred and sixty-five, and of the
Independence of the United States of America the ninetieth.

ANDREW JOHNSON.

By the President :

William H. Sbwabd, Secretary of State*

Dec/18, 1865,
Preamble.

No, 52.

WILLIAM EL SEWARD,

SECRETARY OF STATE OF THE UNITED STATES,

To all to whom these presents map come, greeting*:

Know ye, that whereas the congress of the United States on the 1st of
February last passed a resolution which is in the words following, namely :

U A resolution submitting to the legislatures of the several states a proposition to

amend the Constitution of the United Skate*

Jute, p. 567. "Mesohed by the Senate and House of Representatives of the United States of

America m Congress assembled, (poo thtrds of both houses concurring,) That tine
following article be proposed to* the legislatures of the several states as an
Amendment to the Constitution of the United States, which, when ratified by

APPENDIX. 775

three fourths of said legislatures, shall be valid, to all intents and purposes, as a
part of the said constitution, namely :

" Article XTIL

" Section 1. Neither slavery nor involuntary servitude, except as a punish-
ment for crime whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction*

" Sbc. % Congress shall have power to enforce tins article by appropriate

legislation."

And whereas it appears from official documents on file in this department that Amendment to
the amendment to the Constitution of the United States proposed, as aforesaid, the constitution
has been ratified by the legislatures of the States of Illinois, Rhode Island, J^ fl ^ by
Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, ** e70a
Fensylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minne-
sota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire,
South Carolina, Alabama, North Carolina, and Georgia ; in all twenty-seven
states;

And whereas the whole number of states in the United States is thirty-six ;
and whereas the before specially-named states, whose legislatures have ratified
the said proposed amendment, constitute three fourths of the whole number of
states in the United States: ,

Now, therefore, be it known, that I, William H. Seward, Secretary of ^Amendment
State of the United States, by virtue and in pursuance of the second section of
the act of congress, approved the twentieth of April, eighteen hundred and
eighteen, endued " An act to provide for the puolicadon of the laws of the ™j* *KJL*
United States and for other purposes, " do hereby certify that the amendment vol. m. p. 499.
aforesaid hag-become valid, to all intents and purposes, as a part of the Consti-
tution of the United States.

In testimony whereof, I have hereunto set my hand, and caused the seal of
the Department of State to be affixed.

Done at the city of Washington, this eighteenth day of December, in the
[l. s.] year of our Lord one thousand eight hundred and sixty-five, and of
the Independence of the United States of America the ninetieth.

WHUAM H. SEWARD.

Secretary of State*

SCUTIVE ORDERS.

Hb.l.

Executive Mansion, Marck 10, , March 10, 1868.

Jn pursuance of the twenty-sixth section of the act of congress entitled soldiers absent
" An act for enrolling and calling out the national forces, and for other pur- without to
poses," approved on the third day of March, in the year one thousand eight 'return to their
hundred and sixty-three, I, Abb aw am Lincoln, President and commander- regiments fbrth-
in-chief of the army and navy of the United States, do hereby order and ™jgj*a ^ 75
command, that all soldiers, enlisted or drafted into the service of the United * gs/
States, now absent from their regiments without leave, shall forthwith return to Vol. xii. p. 73&
their respective regiments.

And I do hereby declare and proclaim, that all soldiers now absent from their Soldiers report-
respective regiments without leave, who shall, on or before the first day of April, ing before April
eighteen honored and sixty-three, report themselves at any rendezvous deag- i^ at do-
nated by the General Orders of the War Department number fifty-eight, ^^^f"
hereto annexed, may be restored to their respective regiments without punish- stored, &c
ment, except the forfeiture of pay and allowances during their absence ; and otJieTg to ^
all who do not return within the time above specified shall be arrested as arrest ed as de-
deserters, and punished as the law provides. sorters.

77* APPENDIX

Patriotic citi- And whereas, evil disposed and disloyal persons at sundry places nave enticed

soldiers remaining in the ranks to increased hardships and danger, I do there-
toe call upon aS patriotic and faithful citizens to oppose and resist the afore-
mentioned dangerous and treasonable crimes, and to aid in restoring to their
regiments all soldiers absent without leave, and to assist in the execution of the
act of congress for enrolling and calling out the national forces, and for other
purposes, and to support the proper authorities in the prosecution and punish*
ment of offenders against said act, and in suppressing the insurrection and
rebellion*

In testimony whereof I have hereunto set my hand.

Done at the city of Washington, this tenth day of March, in the year of our
Lord one thousand eight hundred and sixty-three? and of the Independence of
the United States the eighty-seventh*

ABRAHAM LINCOLN

By the President :

Edwin M. Stah^ox, Secretary of War*

No. 2.

April 4, lass. To aU whm tiiese presents may concern:

Whereas, for some time past, evil-disposed persons have crossed the borders

p * eamMe * of the United States, or entered their ports by sea from countries where they
are tolerated, and have committed capital felonies against the property and life
of American citizens, as well in the cities as in the rural districts of the country :
Howards for Now, therefore, in the name and by the authority of the President of the
the arrest of fel- United States, I do hereby make known that a reward of one thousand dollars
od* from foreign will be paid, at this Department, for the capture of each of such offenders upon
ntfu^^eloSes ^ 0(mTlc ^ on t>y a civil or rnilitary tribunal, to whomsoever shall arrest and de-
bt theunited ^ ver ^ch offenders into the custody of the civil or military authorities of the
States. United States. And the like reward will be paid, upon the same terms, for the

capture of any such persons so entering the United States, whose offences shall
be oomniitted subsequently to the publication of this notice.

A reward of five nundred dollars will be paid, upon conviction, for the arrest
of any person who shall have aided and abetted offenders of the class before
* named within the territory of the United States.

Given under my hand, and the seal of the Department of State, at
fir. 8.1 Washington, this fourth day of April, A D. 1865*

^•"lAM H. SEWARD,

Secretary of State.

2fo. 8.

April 29, 1865. ExROOTrVB Chahber, Waslnngton, April 29, 1865,

Banra desirous to relieve all loyal citizens and weU-disposeti persons residing

Lu insurrectionary states from unnecessary commercial restrictions, and to en-
courage them to return to peaceful pursuits, —

It IS HEREBY ORDERED —

Restrictions on L That all restrictions upon internal, domestic, and coastwise commercial in-
trade hi parte of tercourse be discontinued in such parts of the States of Tennessee, Virginia,
w^i!^nL m Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, and so

moved. much of Louisiana as lies east of the Mississippi Biver, as shall be embraced

within the lines of national military occupation; excepting only such restric-
tions as are imposed by acts of congress and regulations in pursuance thereof,
prescribed by the Secretary of the Treasury, and approved by the President ;
and excepting, also, from the effect of this order the following articles, contra-
band of war, to wit : Arms, ammunition, all articles from which ammunition is
manufactured, gray uniforms and cloth, locomotives, cars, railroad iron, and

appendix. 727

machinery for operating railroads, telegraph wires, insulators, and instruments
for operafing telegrapbic Imes. „

EL That all existing military and naval orders in any manner restricting in* Former ortas
tftrnal, domestic, and coastwise commercial intercourse and trade, with or in the revoked,
localities above named, be, and the same are hereby, revoked ; and that no mil*
itary or naval officer, in any manner, mterrapt or interfere with the same, or
with any boats or other vessels engaged therein, under proper authority, pur-
suant to the regulations of the Secretary of Hie Treasury,

ANDREW JOHNSON

No. 4.

Executive Chambeb, Washington City, May 9, 1865. May 9, 1896.

Ordered:

First. That all acts and proceedings of the political, military, and civil or- The authority
ganizations which have been in a state of insurrection and rebellion, within the J^tto^^ed
State of Virginia, against the authority and laws of the Untied States, and of n^ffyj^
which Jefferson Davis, John Letcher, and William Smith, were late the respeo- ^aia.
tive chiefs, are declared null and void. All persons who shall exercise, claim,
pretend, or attempt to exercise any political, military, or civil power, authority*
jurisdiction, or right, by, through, or under Jefferson Davi s, late of the city of
Richmond, and his confederates, or under John Letcher, or William Smith* and
their confederates, or under any pretended political, military, or civil commis-
sion or authority issued by them, or either of them, since the 17th day of April,
1861, shall be deemed and taken as in rebellion against the United States, and
shall be dealt with accordingly.

Second* That the Secretary of State proceed to put in force alt laws of the
United States, the administration whereof belongs to the Department of State,
applicable to the geographical limits aforesaid.

Third. That the Secretary of the Treasury proceed} without delay, to nomi-
nate for appointment, assessors of taxes and collectors of customs and internal
revenue, and such other officers of the Treasury Department as are authorized

Sr law, and shall put in execution the' revenue laws of the United States within
e geographical limits aforesaid. In making appointments the preference shall
be given to cjualified loyal persons residing within the districts where their re-
spective duties are to be performed. But if suitable persons shall not be found,
residents of the districts, then persons residing in other states or districts shall
be appointed.

Fourth. That the Postmaster-General shall proceed to establish post-offices
and post-routes, and put into execution the postal laws of the United States
within the said state, giving to loyal residents the preference of appointment ;
but if suitable persons are not found, then to appoint agents, from other

Ftftiu That the district judge of said district proceed to hold courts within
said state, in accordance with the provisions of the act of congress. The At*
torney-General will instruct the proper officers to libel, and bring to judgment,
confiscation, and sale, property subject to confiscation, and enforce the admin*
istration of justice within said state, in all matters civil and criminal within the
cognizance and jurisdiction of the federal courts.

Sixth. That the Secretary of War assign such assistant provost - marshal
general and such provost* marshals in each district of said state as he may
Seem necessary.

Seventh. The Secretary of the Nary will take possession of all public prop*
erty belonging to the Navy Department within said geographical limits, ana put
in operation all acts of congress in relation to naval affairs having application to
the said state. .

Eighth. The Secretary of the Interior will also pot in force the laws relating
to the Department of the Interior*

Mnth. That to carry into effect the guarantee by the federal constitution of
a republican form of state government, and afford the advantage and security
of domestic laws, as well as to complete the reestablisoment of l£e authority and 4| dw m
laws of tite United States, and the full and complete restoration of peace within gj ven to q Wm
the limits aforesaid, Francis H* Pierpont, governor of the State of Virginia, emor Pterpent

738 APPENDIX.

will be aided by the federal government, so fkr as may be necessary, in the
lawful measures which he may take for the extension and administration of the
state government throughout the geographical limits of said state.

In testimony whereof I have hereunto set my hand, and caused the seal
[l. 8*] of the United States to be affixed.

ANDEEWT JOHNSON.

By the President :

W. Hunter, Acting Secretary of State.

No. 5.

- a* Wae Dbpabtbcbkt^ Adjutant-General's Office,

■ * ' Washington, November 24, 1865.

Claims for the * General Orders No. 164.

reward for the Ordered, That —

apprehension of l # All persons claiming reward for Hie apprehension of John Wilkes Booth,
fftffli!^ k?1S Lottos Payne, G. A. Atzerodt, and David E. Harold, and Jefferson Davis, or
f^^tim^ ^ther of them, are notified to file their claims and their proofe with the adju-

Ante, nTVes * tant-general, for final adjudication by the special commission appointed to award
* and determine upon the validity of such claims, before the first day of January

Often of next, after which time no claims will be received,
wards for the ar- 2. The rewards offered for the arrest of Jacob Thompson, Beverly Tucker,
rest of Jacob George N. Saunders, William G. deary, and John H, Surratt, are revoked.
Thompson and By order of the President of the United States :

others revoked. E, D. ToWNSEND, .Assistant Adjutant-General